IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.27725 of 2011
Bijay Chandravanshi, Son of Chhoten Chandravanshi @ Ram Ayodhya
Singh, Resident of Village Mairi, P.S. Sheosagar, District Rohtas.
---------- Petitioner
Versus
The State Of Bihar
-------- Opposite Party
--------------
02/- 12/09/2011 Heard learned counsel for the petitioner and learned
Additional Public Prosecutor for the State.
The petitioner apprehends his arrest in connection
with a case registered for the offence punishable under Sections
341, 323/34 of the Indian Penal Code and Section ¾ (x) SC/ST
Act, is one of the two named accused in this case of simple assault
and abuse.
Submission is that this case has been filed in
retaliation of earlier filed case being Sheosagar P.S. Case No. 69
of 2011. Moreover, the case appears squarely covered under a
decision of Hon’ble Apex Court in a case of “Jorgia Pentiah Vs.
State of Andhra Pradesh reported in 2009 (1) BCCR 153
(SC)”.
Considering the facts and circumstances of the case,
in the event of his arrest/surrender before the court below within
four weeks, let the above named petitioner be enlarged on bail on
furnishing bail-bond of Rs. 10,000/- (ten thousand only) with two
sureties of the like amount each to the satisfaction of Chief
Judicial Magistrate, Rohtas at Sasaram, in connection with
Sheosagar P.S. Case No. 85 of 2011, subject to condition laid
down under Section 438(2) of the Criminal Procedure Code with
additional condition to remain physically present before the court
below on each and every date at least for one year or till disposal
of the case, whichever is earlier, in case of failure on two
consecutive dates, without giving any reasonable explanation, the
liberty granted shall be deemed to be cancelled.
Praveen/- ( Akhilesh Chandra, J.)