Ravi Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.11639 of 2021 Arising Out of PS. Case No.-183 Year-2020 Thana- HILSA District- Nalanda ====================================================== Ravi Kumar S/O Lakhan Saw R/O Village And P.O.- Salehpur, P.S.- Telhara, District- Nalanda At Bihar Sharif. At Present R/O Village- Piroja, P.S.- Ekangar Sarai, District- Nalanda At Bihar Sharif ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Arun Kumar Arun For the Opposite Party/s :

Mr. Mohammad Sufyan ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 13-07-2021 Heard learned counsel for the petitioner and learned A.P.P. for the State through virtual court proceeding.

Learned counsel for the petitioner undertakes to remove the defects within four weeks of resumption of normal court proceeding. In the eventuality of non-removal of defects within undertaken period, the office will place the matter before the Bench. The petitioner seeks bail in connection with Hilsa P.S. Case No. 183 of 2020 registered for the offence punishable under Sections 341, 323, 504, 307 of the Indian Penal Code and Section 52 of the Prisoners Act.

The prosecution case which is based upon the written report of informant Babu Singh, the superintendent, Sub Jail Hilsa is that prisoner Ravi Kumar (petitioner) assaulted another prisoner Rakesh Kumar with a peace of brick as a result of which he sustained head

Patna High Court CR. MISC. No.11639 of 2021(2) dt.13-07-2021 2/2 injury.

It is submitted by learned counsel for the petitioner that petitioner has falsely been implicated in this case and has not committed any offence as alleged in the FIR. He submits that it was co-prisoner Rakesh Kumar who was aggressor and started abusing and teasing the petitioner badly and when the petitioner protested he started assaulting the petitioner with fist and slaps, thereupon the petitioner to save himself pushed him due to that he (Rakesh Kumar) sustained simple head injury as stated in Annexure P2 of this bail petiton. The allegation levelled against the petitioner is not specific rather general and omnibus in nature. The petitioner has one criminal antecedent as has been mentioned in para 3 of the bail petition and has been languishing in custody since 23.05.2020. Learned APP for the State opposed the bail petition.

Considering the facts aforesaid, the above named petitioner is directed to be enlarged on bail, on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending in connection with Hilsa P.S. Case No. 183 of 2020.

(Anjani Kumar Sharan, J) GAURAV S./- U T