Vipin Pasi @ Vipin Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.15439 of 2024 Arising Out of PS. Case No.-431 Year-2023 Thana- BIKRAMGANJ District- Rohtas ====================================================== Vipin Pasi @ Vipin Kumar S/o Tesh Lal Pasi R/o vill - Basuganj Sikaria, P.S. - Bikramganj, District. - Rohtas at Sasaram ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Rameshwar Singh, Advocate For the Opposite Party/s :
Mr. Arun Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 24-04-2024
1. Heard learned counsel for the parties.
2. The petitioner has preferred this application for grant of regular bail in connection with Bikramganj P.S. Case no.431 of 2023 registered under sections 302, 307, 147, 148, 149, 448, 323 and 504 of the Indian Penal Code.
3. As per the prosecution case, the informant states that co-accused Tesh Lal Pasi came to his house, abused him and thereafter assaulted with the kudal leading to serious injuries on the informant's brother. On the informant intervening, he was also assaulted. It is further stated that the informant and his brother were taking their mother to the SubDivisional Hospital for treatment when the five named accused persons including the petitioner herein assaulted them as a
Patna High Court CR. MISC. No.15439 of 2024(3) dt.24-04-2024 2/3 result of which his mother sustained injuries and subsequently died.
4. Learned counsel for the petitioner submits that the petitioner has been falsely implicated in the case. The allegations against the petitioner are general and omnibus in nature. In course of investigation, it has transpired that the assault on the mother of the informant is directly attributed to the FIR named co-accused Tesh Lal Pasi and not the petitioner. He is in custody since 5.8.2023 and charge-sheet has been submitted in the case.
5. The application for bail is opposed by learned A.P.P for the State.
6. Having heard learned counsel for the parties and taking into consideration the allegations in the FIR, the material that has transpired in course of investigation, the allegation of assault on the mother of the informant being on Tesh Lal Pasi and not the petitioner herein together with the petitioner having remained in custody for over 8 months since 5.8.2023 and charge-sheet having been submitted in the case, the petitioner is directed to be enlarged on bail in connection with Bikramganj P.S. Case no.431 of 2023 on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties
Patna High Court CR. MISC. No.15439 of 2024(3) dt.24-04-2024 3/3 of the like amount each to the satisfaction of the learned Additional Sessions Judge I, Rohtas at Sasaram. (Partha Sarthy, J) Shiv/- U T