Dharmbir Rajak @ Dharmbir Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.1623 of 2020 Arising Out of PS. Case No.-436 Year-2019 Thana- RAMKRISHNANAGAR District- Patna ====================================================== Dharmbir Rajak @ Dharmbir Kumar Son of Sita Ram Rajak Resident of Nayachak, Sadbhawna Nagar, Road No. 19, P.S. - Ram Krishna Nagar, District- Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Suraj Deo Singh For the Opposite Party/s :

Mr.Md. Fahimuddin ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 25-02-2020 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner is apprehending his arrest in a case registered for the offences punishable under Sections 147, 149, 341, 323, 504, 506, 324, 379 and 307 of the Indian Penal Code. The prosecution case is that the petitioner, being the neighbour of the informant, in the background of land dispute, along with five other accused persons assaulted the informant and nephew. It is specifically alleged that the petitioner Dharmbir Rajak assaulted the informant and his nephew and tried to drown them whereas co-accused Ajay Rajak snatched a gold chain and co-accused Santosh Rajak snatched a mobile phone from the informant.

It is submitted by learned counsel for the petitioner in

Patna High Court CR. MISC. No.1623 of 2020(2) dt.25-02-2020 2/2 the background of land dispute, the accusation has been levelled. It is further submitted that there is a counter version of the occurrence being Complaint Case No. 455 of 2019 and a statement has been made in paragraph 3 of the petition that the petitioner is not having any criminal antecedent. Learned APP submits that the petitioner is named in the FIR with specific accusation.

Considering the genesis of the occurrence and there being counter version of the occurrence also, coupled with the statement made in paragraph 3 of the petition that the petitioner is not having any criminal antecedent, let the above named petitioner be released on anticipatory bail in the event of arrest or surrender before the learned Court below within a period of twelve weeks from today, on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Sub Judge-XIII -cumA.C.J.M., Patna in connection with Ram Krishna Nagar P.S. Case No. 436 of 2019, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

(Dinesh Kumar Singh, J) DKS/- U T