Rajendra Rai vs The State of Bihar

Jitendra Mohan Sharma, J.—Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner apprehends his arrest in Bhagwan Bazar P.S. Case no. 73 of 2013 corresponding to S.T. No. 744 of 2013 for the offences punishable under Sections 323, 324, 341, 307 and 504/34 of the Indian Penal Code, pending in the Court of First Assistant Sessions Judge, Saran at Chapra.

Allegedly the petitioner and other co accused being armed with Lathi, Danda and Garasi went at the door of the informant where the informant and his brother were sitting, started abusing and on protest co accused Jairam Rai instigated then this petitioner gave Garasi blow causing injury on the head of the brother of the informant. Other assaulted both with lathi, resulting the informant also sustained injury on the head.

Learned counsel for the petitioner seeks privilege of pre arrest bail of the petitioner placing his innocence, false implication and submitting that due to previous enmity going on between the parties i.e. Bhagwan Bazar P.S. Case no. 66 of 2013, this FIR has been lodged due to retaliation, all co accused have already been granted bail either by this Curt or by Sessions Court. No sharp cutting injury has been found on the person of the brother of the informant and as such the petitioner also deserves sympathetic consideration to which learned A.P.P. opposed by submitting that the petitioner is the author of the injury, which has been noticed grievous on left parietal region.

Considering the submission made at the Bar, going through the FIR and record and noticing that the case of the petitioner is not identical to other co accused and two grievous injuries i.e. lacerated wound of size 3" x 1/2" x 1/2" on left parietal region and other also lacerated wound of size 3" x 1/2" x 1/4" on left parietal region have been found on the person of the brother of the informant, which have been found grievous by the doctor and as such it is not a fit case for pre arrest bail. This Court is not inclined to grant such privilege to the petitioner.

However, in case the petitioner surrenders, within fortnight, from the date of receipt of the order of this Court in the court below, the prayer for regular bail of the petitioner shall be considered on its own merit without being prejudiced by the order of this court.

Accordingly, this anticipatory bail petition stands disposed of.