Ram Parvesh Singh @ Parvesh Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL APPEAL (SJ) No.1628 of 2021 Arising Out of PS. Case No.-41 Year-2020 Thana- SC/ST District- Rohtas ====================================================== RAM PARVESH SINGH @ PARVESH SINGH SON OF LATE SURAJ SINGH @ SURUJ SINGH RESIDENT OF VILLAGE- TUMBA, POLICE STATION- ROHTAS, DISTRICT- ROHTAS ... ... Appellant/s

Versus

1.

The State of Bihar 2.

Lal Babu Chaudhary Bindeshwar Chaudhary Resident of village- Tumba, P.S. and District- ... ... Respondent/s ====================================================== Appearance :

For the Appellant/s :

Mr.Mrityunjay Kumar, Advocate For the Respondent/s :

Mr. APP For the O.P. No.2 :

Mr. Ravi Shankar Sahay, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 09-02-2023 Heard learned counsel for the appellant and learned APP for the State as also the informant.

The appellant has moved this Court against the order dated 12.1.2021 passed by the learned Additional District and Sessions Judge cum Special Judge, Rohtas at Sasaram in connection with Regd. Case No. 82 of 2020 arising out of SC/ST Dehri P.S. Case No. 41 of 2020 under section 341, 323, 307, 354(B), 379, 504, 506/34 of the Indian Penal Code and 3(2) (Va) SC/ST Act.

As per the prosecution story, the informant alleged that for irrigating the land, there have been some dispute whereafter the accused persons assaulted the informant and his

Patna High Court CR. APP (SJ) No.1628 of 2021(3) dt.09-02-2023 2/3 wife causing injuries.

Accordingly, the FIR.

Learned counsel for the appellant submits that the injuries were found to be simple in nature. There is counter version to the present case and further similar placed Bablu Kumar Singh has been granted relief by a coordinate bench of this Court in Cr. Appeal (SJ) No. 1756 of 2021 on 9.7.2021. Let the same be kept on record.

Learned counsel for the informant on the other hand opposes the prayer, however, concedes that the allegation is omnibus in nature against all of them.

Taking into account all the aforesaid factors including the fact that the appellant does not have criminal antecedent and one of the similar placed co-accused has been granted relief, this Court is inclined to grant him the same relief. The order dated 12.1.2021 passed by the learned Additional District and Sessions Judge cum Special Judge, Rohtas at Sasaram, in connection with Regd. Case No. 82 of 2020 arising out of SC/ST Dehri P.S. Case No. 41 of 2020 is set aside.

The appeal is allowed.

Let the appellant be released on bail, in the event of

Patna High Court CR. APP (SJ) No.1628 of 2021(3) dt.09-02-2023 3/3 his arrest or surrender within a period of four weeks from the receipt of this order, on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of like amount each to the satisfaction of learned Additional District and Sessions Judge cum Special Judge, Rohtas at Sasaram, in connection with Regd. Case No. 82 of 2020 arising out of SC/ST Dehri P.S. Case No. 41 of 2020 subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

(Rajiv Roy, J) Ravi/- U T