Pramod Singh v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.11294 of 2024 Arising Out of PS. Case No.-594 Year-2023 Thana- SONEPUR District- Saran ====================================================== Pramod Singh, S/o Late Ramayodhya Singh Resident of village naudihan, ps sonepur, Distt. - Saran at Chapra ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Bindhyachal Singh, Sr. Adv.
Ms. Nikita Mittal, Adv.
For the Opposite Party/s :
Mr. Sunil Kumar Pandey, APP For the Informant :
Mr. Pramod Kumar, Adv.
====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 22-02-2024 Heard learned senior counsel for the petitioner and learned A.P.P. for the State.
2. The petitioner seeks regular bail in connection with Sonepur P.S. Case No. 594 of 2023, lodged on 10.07.2023 under Sections 341, 323, 324, 307, 354, 504, 506, 34 of the Indian Penal Code and subsequently added section 302 of the IPC.
3. As per the prosecution case, FIR has been lodged against five named accused persons including the present petitioner against whom there is an allegation the they have assaulted the informant and his son and daughter in law due to which injury has been caused and due to the said injury, Raja Kumar died during treatment in the hospital.
4. Learned senior counsel arguing on behalf of the
Patna High Court CR. MISC. No.11294 of 2024(2) dt.22-02-2024 2/3 petitioner submits that from bare reading of the FIR, it transpires that the allegations are in three parts. In the first part, the allegation is against the petitioner and his son that they have abused and assaulted the informant. In the meantime, the son and daughter in law of the informant reached and thereafter, three other co-accused persons other than the present petitioner have assaulted the son of the informant namely Raja Kumar (subsequently died) brutally and thereafter, in third part, a general and omnibus allegation has been alleged on all. Counsel further submits that the antecedent of the petitioner is clean and he is in custody since 25.07.2023. Counsel also submits that the charge-sheet has already been filed in this case.
5. Learned APP for the State opposes the prayer for bail of the petitioner.
6. Learned counsel for the informant vehemently opposes the bail of the petitioner and submits that the petitioner's involvement cannot be ruled out and section 34 has been added in this case that this occurrence has been caused in connivance with each other and in furtherance of common intention.
7. In the present facts and circumstances of this case and the submissions made above considering the antecedent of
Patna High Court CR. MISC. No.11294 of 2024(2) dt.22-02-2024 3/3 the petitioner, let the petitioner above named be granted bail, on furnishing bail bonds of Rs.30,000/- (Rupees Thirty thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Saran at Chapra in connection with Sonepur P.S. Case No. 594 of 2023, subject to the conditions as laid down U/s 437(3) Cr.P.C. (Dr. Anshuman, J.) Divyansh/- U T