Kanhai Razak @ Kanhaiya Rajak v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.2499 of 2023 Arising Out of PS. Case No.-455 Year-2022 Thana- BHAGALPUR KOTWALI DistrictBhagalpur ====================================================== 1.

KANHAI RAZAK @ KANHAIYA RAJAK Son of Biranchi Rajak R/oBadi Khanjarpur, Nandlal Mishra Lane, Jagdispur, P.S.- Jagdispur, DistrictBhagalpur,Bihar 2.

BABY DEVI Wife of Kanhai Rajak R/o- Badi Khanjarpur, Nandlal Mishra Lane, Jagdispur, P.S.- Jagdispur, District- Bhagalpur,Bihar ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Awadhesh Kumar Mishra For the Opposite Party/s :

Mr.Harendra Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 28-03-2023 The learned counsel for the petitioners is directed to remove all the defects pointed out by the Stamp Reporter within one month.

Heard the learned counsel for the petitioners and learned APP for the State.

This is an application for regular bail on behalf of the petitioner for the offences alleged under Sections 448, 341, 324, 325 and 307/34 of the Indian Penal Code registered in connection with Kotwali (Barari) P.S.Case No. 455 of 2022. As per allegation, co-accused Nutan Devi, petitioner nos.1 and 2 entered into the house of the informant. Co-accused

Patna High Court CR. MISC. No.2499 of 2023(2) dt.28-03-2023 2/3 Nutan Devi assaulted the informant at her eyes with some pointed object. Other accused persons also assaulted her. The learned counsel for the petitioners has submitted that there is land dispute between the parties. There is no allegation against the petitioners. The allegations against them are general and omnibus and they are in custody since 06.06.2022. They are the persons of clean antecedents. Considering the above facts and circumstances, let the petitioners, above-named, be released on bail on furnishing bail bond of Rs. 10,000/-(ten thousand) each, with two sureties of the like amount each, to the satisfaction of learned Chief Judicial Magistrate, Bhagalpur in connection with Kotwali (Barari) P.S.Case No. 455 of 2022, subject to the following conditions:-

1. The petitioners shall cooperate in the disposal of trial and make available as and when required by the court.

2. If the petitioners are found involved in future in the similar type of offence, the prosecution will have liberty to file an application before the court below for cancellation of the bail of the petitioners and the

Patna High Court CR. MISC. No.2499 of 2023(2) dt.28-03-2023 3/3 learned court below will take decision in accordance with law.

Office shall ensure that all defects are removed by the petitioners within the stipulated time as provided hereinabove, failing which the matter shall be brought to the notice of this Court.

(Nawneet Kumar Pandey, J) HR/- U T