← Library
Patna High CourtCR. MISC./1226/2024partly allowed disposal

Rajendra Uraon v. The State Of Bihar

2024-03-07Mr. Justice Anjani Kumar Sharan3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.1226 of 2024 Arising Out of PS. Case No.-505 Year-2021 Thana- KRITYANAND NAGAR DistrictPurnia ====================================================== 1.

Rajendra Uraon Son Of Late Sonu Uraon Resident Of Janta Chowk, Ward No.10/11, P.S. - K. Hatt, District - Purnea, Bihar 2.

Amit Kumar Uraon @ Amit Kumar Tirki Son Of Late Sonu Uraon Resident Of Janta Chowk, Ward No.10/11, P.S. - K. Hatt, District - Purnea, Bihar 3.

Sunil Tirkey @ Sunil Kumar Tirkey @ Judhwa Uraon Son Of Late Sonu Uraon Resident Of Janta Chowk, Ward No.10/11, P.S. - K. Hatt, District - Purnea, Bihar ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Dilip Kumar No. 1 ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 07-03-2024 Heard Mr. Bijendra Kumar Singh, learned counsel for the petitioners and Mr. Dilip Kumar No. 1, learned Additional Public Prosecutor for the State.

2. The petitioners are apprehending their arrest in a case registered for the offence punishable under Sections 307, 34 of the Indian Penal Code and Section 27 of the Arms Act.

3. Petitioners are said to have fired upon the informant which hit him below the knee.

4. Learned counsel for the petitioners submits that the petitioners are innocent and have been falsely implicated in this case due to land dispute. He submits that the informant who is a land broker, with only view to get the land of the petitioners'

Patna High Court CR. MISC. No.1226 of 2024(3) dt.07-03-2024 2/3 belonging from Adiwasi community managed to lodge this FIR, and prior to this on 12. 07.2021 this informant also lodged a false case against the petitioners in which the petitioners are on bail. He submits that there is general and omnibus allegation levelled against the petitioners. He further submits that petitioners have criminal antecedent as stated in para-3 of the bail application.

5. Learned APP for the State and learned counsel for the informant opposing the prayer for bail submit that there is specific overt act against the petitioner no. 2 and injury report also supported the prosecution case.

6. Considering the facts and circumstances of the case and the fact that there is general and omnibus allegation levelled against the petitioner nos. 1 and 3, let the above named petitioner nos. 1 and 3 in the event of their arrest or surrender before the learned Court below within a period of six weeks from today, be enlarged on bail on furnishing bail bond of Rs.25,000/- (Rupees Twenty Five Thousand) each with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/successor court in connection with K Nagar P.S. Case No. 505 of 2021, subject to the condition as laid down under Section 438 (2) of the

Patna High Court CR. MISC. No.1226 of 2024(3) dt.07-03-2024 3/3 Cr.P.C.

7. So far as petitioner no. 2 is concerned, there is specific overt act against him, I am not inclined to enlarge the petitioner no. 2 on bail. Accordingly, his prayer for anticipatory bail is rejected in connection with the aforesaid case. (Anjani Kumar Sharan, J) devendra/- U T