Rambabu Singh v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.10483 of 2022 Arising Out of PS. Case No.-147 Year-2021 Thana- SAHEBGANJ District- Muzaffarpur ====================================================== Rambabu Singh Son of Late Khemu R/O Village- Mahdeiya Math, P.S.- Sahebganj, District- Vaishali ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Dr. Bipin Chandra, Advocate For the Opposite Party/s :
Mr. Yogendra Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 28-11-2022 Heard learned counsel appearing on behalf of the petitioner and learned counsel appearing on behalf of the State. Let the defect(s), if any, be removed within a period of four weeks from today.
The petitioner seeks bail in connection with Sahebganj P.S. Case No. 147 of 2021 registered for the offence under Sections 341, 323, 302 and 34 of the Indian Penal Code. The accused/petitioner is named in the F.I.R. and is in custody since 27.03.2021.
The allegation against the petitioner is to commit murder of the husband of the informant, along with other coaccused persons, where assault was alleged to be made by fight and fist, causing internal injuries due to non-payment of Rs. 50,000/- (Rupees Fifty Thousand), as demanded by one of the
Patna High Court CR. MISC. No.10483 of 2022(3) dt.28-11-2022 2/3 co-accused persons, namely, Satendra Singh.
Learned counsel appearing on behalf of the petitioner submitted that the thrust of allegation, as per the face of F.I.R., is available against co-accused Satendra Singh, where implication against this petitioner is only for the reason that he is the father of co-accused Satendra Singh. It is submitted that both parties are co-villagers and neighbours, where dispute arises out of pathway. It is also submitted that, as per the face of F.I.R., the occurrence took place when deceased was returning to his home alone and, as such, the claim of informant, being an eye witness of this occurrence, is appearing false on its face. It is further pointed out that the death of husband of the informant was caused due to injuries received due to hard and blunt substance, which is appearing contrary in terms of allegation, as raised through F.I.R.
and moreover, allegation of assault is appearing very much general and omnibus. While concluding the argument, it has been submitted that investigation has been completed, for which, charge-sheet has been submitted, as such, there is no chance of tampering with the evidence. Learned APP opposes the prayer of bail.
Considering the facts and circumstances as mentioned above, as allegation of assault is appearing very much general
Patna High Court CR. MISC. No.10483 of 2022(3) dt.28-11-2022 3/3 and omnibus, where thrust of allegation is available against coaccused Satendra Singh, coupled with the fact that charge-sheet has already been submitted, let the petitioner, above named, is directed to be released on bail in connection with Sahebganj P.S. Case No. 147 of 2021 on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned A.C.J. 1st, (West) Muzaffarpur/concerned court, subject to the conditions as mentioned under Section 437 (3) of the Cr.P.C. (Chandra Shekhar Jha, J) pooja/- U T