CR. MISC./39005/2009 of RAJESH RAJAK and ORS Vs STATE OF BIHAR on 24 December 2009

1. Rajesh Rajak, son of Nand Lal Rajak,

2. Nand Lal Rajak, son of Late Nanak Lal Rajak,

3. Lalan Rajak, son of Bal Krishna Rajak,

4. Tej Narayan Rajak @ Tej Narayan Choudhary, son of Late Brahmdeo Rajak,

5. Balkrishna Raj Choudhary @ Balkrishna Rajak, son of Nand Lal Rajak, 6.Ranjeet Kumar Rajak @ Ranjeet Rajak, son of Tej Narayan Rajak, all of Mohalla Fulkaha Bazar, PS Fulkaha (Narpatganj), Dist. Araria – petitioners. 6.Ranjeet Kumar Rajak @ Ranjeet Rajak, son of Tej Narayan Rajak, all of Mohalla Fulkaha Bazar, PS Fulkaha (Narpatganj), Dist. Araria – petitioners.

Vs. The State of Bihar.

2 24.12.2009

Heard learned counsel for the petitioners and the counsel appearing on behalf of the State.

The petitioners apprehend their arrest in a case under sections 302, 201 and 120B/34 of the Penal Code.

Learned counsel for the petitioners submits that till 13.7.2007 no action was taken by the police on the ground that there was a report that the case was found false by the Superintendent of Police. Subsequently it appears that one of the co-accused was arrested and these petitioners have now moved for anticipatory bail.

Learned counsel further submits that there is only suspicion against the petitioners and there is no cogent material to show that they in fact were involved in the occurrence and several officers have supervised the case and found it to be false.

However, in the circumstances of the case aforesaid it would be proper that petitioner nos. 1,3,4,5 and 6 should surrender and seek regular bail and the court will examine the matter and consider the prayer after considering the materials on record including the case diary.

This application is dismissed.

At this stage it is submitted that petitioner no.2 is about eight five years of age.

It is accordingly directed that if the Chief Judicial Magistrate, Araria finds that Nand Lal Rajak, petitioner no.2 is about eighty five years of age, he should be released on bail in Forbesganj PS Case No. 435/2000 on furnishing bail bond of rupees ten thousand with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Araria.

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(Sheema Ali Khan, J.)