Ram Bhawan Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.11664 of 2025 Arising Out of PS. Case No.-89 Year-2024 Thana- HATHAURI District- Muzaffarpur ====================================================== Ram Bhawan Singh Son of Late Ramaswarath singh @ Ramasawarath Singh Resident of village - Sohjan Dih, Post- Amma, Ps- Hathauri, DistMuzaffarpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Shashi Priya For the Opposite Party/s :

Mr.Bharat Lal ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 21-02-2025

1. Heard learned Counsel for the petitioner and learned Additional Public Prosecutor for the State.

2. The petitioner seeks regular bail in connection with Hathauri Police Station Case No. 89 of 2024, dated 31.05.2024, registered for the offence punishable under Sections 147/148/149/341/323/324/325/307/326/447/ 504/506 of the Indian Penal Code.

3. The prosecution case, as per the First Information Report, is that on 28.05.2024, the accused persons, including 1015 unknown persons, gathered near the mango orchard and started assaulting one Shambhu Mandal. On halla, when the informant reached there, co-accused Ram Lakhan Singh assaulted him by means of spear in his

Patna High Court CR. MISC. No.11664 of 2025(2) dt.21-02-2025 2/3 stomach, co-accused Amit Kumar assaulted him on his nose by means of butt of the pistol, the petitioner inflicted farsa blow upon the head of the informant and one Shambhu Mandal and co-accused Prince Kumar assaulted the informant's brother by means of khanti.

4. Learned Counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in this case due to long standing land dispute between the parties. He further submits that a measurement case bearing Measurement Case No. 117/2023-24 was initiated before the learned Circle Officer, Katra, Muzaffarpur. He further submits that a counter case has been lodged by the wife of co-accused Ram Lakhan Singh against the informant and others and the petitioner's side has also sustained injury due to the assault made by the prosecution side. He further submits that co-accused persons, namely, Ram Lakhan Singh, Amit Kumar and Prince Kumar, have been granted anticipatory bail by this Court, vide order, dated 05.12.2024, passed in Criminal Misc. No. 79010 of 2024. He next submits that petitioner is in custody since 23.12.2024.

5. Regards being had to the submissions made by the parties

Patna High Court CR. MISC. No.11664 of 2025(2) dt.21-02-2025 3/3 and taking into consideration the materials available on record, the fact that petitioner is in custody since 23.12.2024 and co-accused persons have been granted anticipatory bail by this court, I am inclined to grant regular bail to the petitioner.

6. This application is, accordingly, allowed.

7. Let the petitioner, above named, be released on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate, 1st Class, Muzaffarpur, in connection with Hathauri Police Station Case No. 89 of 2024.

(Anil Kumar Sinha, J.) Prabhakar Anand/- U √ T √