Rajesh Yadav @ Rajesh Kumar Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.65326 of 2019 Arising Out of PS. Case No.-385 Year-2019 Thana- BIKRAMGANJ District- Rohtas ====================================================== RAJESH YADAV @ RAJESH KUMAR SINGH Son of Chandrama Singh @ Chandrama Yadav Resident of Village- Bharkuriya, Dhawan, Durga Dih, Police Station- Bikramganj, District- Rohtas at Sasaram. ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Raghunandan Kumar Singh For the Opposite Party/s :

Mr.Bhanu Pratap Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 05-11-2019 The petitioner apprehends his arrest in connection with Bikramganj P. S. Case No. 385 of 2019 registered under Sections 147,148,149,307,323,324 and 379 of the Indian Penal Code.

Allegation against the petitioner is that petitioner along with other accused persons assaulted the informant, his brother and nephew.

Learned counsel appearing on behalf of the petitioner submits that there is no specific allegation of assault upon the petitioner and the only allegation is that he was holding a pistol in his hand. He further submits that both parties are agnate and there is land dispute between them and there is case and counter case in between the parties inasmuch as Bikramganj P.S.Case

Patna High Court CR. MISC. No.65326 of 2019(2) dt.05-11-2019 2/2 No. 387 of 2019 has been lodged by the side of the petitioner against the informant and others for the same incident on the same day. Learned counsel further referring to Annexure-4 series, submits that injury caused to the informant and others have been found to be simple in nature.

Having regard to the submissions made by the parties and taking into consideration the fact that both parties are agnate and there is case and counter case in between the parties injuries caused to the victims are found to be simple in nature, as such I am inclined to grant anticipatory bail to the petitioner. Let the petitioner, above-named, in the event of arrest or surrender before the court below within a period of four weeks from the date of receipt of a copy of this order, be released on bail upon furnishing bail bond of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of the learned ACJM, Bikramganj, Rohtas at Sasaram in connection with Bikramganj P.S.Case No. 385 of 2019; subject to condition as laid down under Section 438(2) of the Code of Criminal Procedure. (Anil Kumar Sinha, J) sujit/- U T