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Patna High CourtCR. MISC./14122/2021bail granted

Ravi Singh v. The State Of Bihar

2021-08-05Mr. Justice Partha Sarthy3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.14122 of 2021 Arising Out of PS. Case No.-82 Year-2020 Thana- JIRADEI District- Siwan ====================================================== RAVI SINGH Son of Lalbabu Singh Resident of Village - Makund Pur, P.S.- Ziradayee , Distt.- Siwan.

... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Vijay Shankar Shrivastava, Advocate For the State :

Mr. Yogendra Kumar Singh, APP For the Informant :

Mr. Ajay Kumar Tiwari, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 05-08-2021 Heard learned counsel for the parties through video conferencing.

The petitioner has preferred this application for grant of regular bail in a case registered under section 307 and other sections of the Indian Penal Code to which section 302 of the Indian Penal Code was added subsequently.

As per allegation in the FIR, over a dispute relating to flow of water, it is stated that the accused persons including the petitioner herein started to assault. The petitioner and one another are stated to have assaulted the husband of the informant with a lathi.

It is submitted by learned counsel for the petitioner that the allegations as levelled in the FIR are false and concocted. There is case and counter case between the parties,

Patna High Court CR. MISC. No.14122 of 2021(3) dt.05-08-2021 2/3 the correct version having been mentioned in the counter case at Annexure-2 to the petition. No injury was caused to the husband of the informant. The petitioner is in custody since 28.8.2020, he has no criminal antecedent and investigation in the case has concluded.

The application for bail is opposed by learned APP for the State and learned counsel for the informant who submits that there is specific allegation against this petitioner of having assaulted the husband of the informant with a lathi on his head. Having heard learned counsel for the parties and on perusal of the materials on record including the case diary it transpires that no injury report of the husband of the informant is available in the case diary. Taking into consideration the petitioner having remained in custody since 28.8.2020 and investigation in the case having concluded, the Court directs the petitioner to be enlarged on bail in connection with Ziradei P.S. Case no. 82 of 2020 on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Chief Judicial Magistrate 1st, Siwan.

Spd/- (Partha Sarthy, J)

Patna High Court CR. MISC. No.14122 of 2021(3) dt.05-08-2021 3/3 U T