Ravi Pal @ Rabi Pal v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.33913 of 2018 Arising Out of PS. Case No.-72 Year-2017 Thana- JADOPUR District- Gopalganj ====================================================== Ravi Pal @ Rabi Pal, S/o Daresh Pal, Resident of Village- Bagaha, P.S.- Jadopur, District- Gopalganj.
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Sri Anirudh Kumar Sinha For the Opposite Party/s :
A.P.P.
====================================================== CORAM: HONOURABLE MR. JUSTICE RAKESH KUMAR ORAL ORDER 04-07-2018 Heard Sri Anirudh Kumar Sinha, learned counsel for the petitioner and learned Additional Public Prosecutor. The sole petitioner, who is in custody in connection with Jadopur P.S. Case No. 72 of 2017, G.R. No. 2738 of 2017 , registered for the offence under Section 341/323/324/325/307/504/34 of the Indian Penal Code, 1860 ( hereinafter referred to as the "I.P.C.") and later on Section 302 of the I.P.C. was added, has prayed for grant of bail mainly on the ground of parity.
Learned counsel for the petitioner submits that in this case out of six F.I.R. named accused, four have already been granted bail considering the fact that there was case and counter case in between the parties. It has also been argued that in the case one Sitabi Pal died due to blow given by Ramji Pal.
Patna High Court Cr.Misc. No.33913 of 2018(3) dt.04-07-2018 2/3 Learned counsel for the petitioner further submits that entire family members of the petitioner has been implicated in the present case, whereas informant side themselves were aggressor. He has referred to Annexure '2' series to the petition to show that other accused persons namely: Nainpati Devi @ Lalpati Devi/ mother of the petitioner was granted bail on 13.12.2017 vide Cr. Misc. No. 49447 of 2017, co-accused Daresh Pal and Dhananjay Pal were granted bail on 17.10.2017 vide Cr. Misc. No. 48459 of 2017 and another accused - Rohit Pal / own brother of petitioner has been granted bail on 27.02.2018 vide Cr. Misc. No. 2529 of 2018. It has been reiterated that petitioner's case almost stands on similar footing as of other accused persons who have been granted bail.
Learned Additional Public Prosecutor has opposed the prayer , however , he has not disputed the fact that other coaccused in similar circumstances have been granted bail. Accordingly, in view of the fact that most of other accused in similar circumstances have been granted bail, there is no reason to further detain the petitioner. Accordingly, let petitioner - Ravi Pal @ Rabi Pal be enlarged on bail on furnishing bail bond of Rs. 10,000/- ( ten thousand ) with two sureties of the like amount each to the satisfaction of Shri
Patna High Court Cr.Misc. No.33913 of 2018(3) dt.04-07-2018 3/3 Pratik Anand Dwivedi, learned Judicial Magistrate, 1st Class, Gopalganj / concerned court in connection with Jadopur P.S. Case No. 72 of 2017, G.R. No. 2738 of 2017.
(Rakesh Kumar, J) praful/- U T