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Patna High CourtCR. MISC./11845/2025bail rejected

Ram Balak Singh v. The State Of Bihar

2025-05-13Mr. Justice Rajiv Roy3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.11845 of 2025 Arising Out of PS. Case No.-525 Year-2023 Thana- JAMUI District- Jamui ====================================================== RAM BALAK SINGH S/O LATE GARBHU SINGH R/O VILL.- KAKAN, P.S. AND DIST.-JAMUI ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Ms. Ankita Kumari, Adv.

For the Opposite Party/s :

Mr. Rajendra Nath Jha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 13-05-2025 Heard the parties.

2. The petitioner apprehends his arrest in connection with Jamui P.S. Case No. 525 of 2023 for the offence registered under sections 341, 323, 307, 379, 120(B) and 34 of IPC and later added Section 302 of IPC lodged on 25.08.2023 by the informant, Sanjay Singh.

3. As per the prosecution story, the informant alleged that the accused persons came to his field and his brother was plucking vegetables, they demanded vegetables. Upon asking for money, the allegation is that firstly, the petitioner caught hold of the victim whereafter Neeraj Singh assaulted by butt of his rifle. As a result, the informant's brother fell down. Whereafter, allegations is that Shailesh Singh gave repeated iron rod blow on his head causing serious injuries, the locals came to

Patna High Court CR. MISC. No.11845 of 2025(3) dt.13-05-2025 2/3 their rescue, he was shifted to Sadar Hospital Jamui in serious condition. The house of the informant as also the Auto was destroyed by the accused side even after the injured was shifted to the hospital. This led to the F.I.R. As the brother of the informant subsequently succumbed to the injuries, section 302 of the Indian Penal Code was also added.

4. Learned counsel for the petitioner submits that the main allegation is against Neeraj singh and Shailesh Singh of having assaulted with the butt of the rifle/iron rod causing serious injury which led to his death. So far as this petitioner is concerned, the only allegation is that he caught hold of the brother of the informant from his back, is 77 years old having no criminal antecedent and undertakes to diligently appear in trial, Neeraj Singh has been granted bail in Cr. Misc. No. 57597 of 2024.

5. Learned APP opposes the prayer submitting that the allegation is there against the petitioner and so far as Neeraj Singh is concerned, he remained in custody for a long time and the trial was not concluded and as such, was granted bail.

6. Though main allegation of assault is against the sons of the petitioner, namely Neeraj Singh and Shailesh Singh, allegation against him is that he caught hold of the brother of the

Patna High Court CR. MISC. No.11845 of 2025(3) dt.13-05-2025 3/3 informant, however, the fact remains that despite being named, he delayed coming to the Court, in that background, this Court does not deem it fit and proper to extend the privilege of anticipatory bail, which is rejected.

7. However, if the petitioner surrenders within four weeks from today, the Court concerned shall take into account the fact that the main allegation is against Neeraj Singh and Shailesh Singh, he is 77 years old having no criminal antecedent and shall dispose of the petition the same day. (Rajiv Roy, J) Vijay Singh/- U