Ramanand Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.27928 of 2021 Arising Out of PS. Case No.-578 Year-2020 Thana- DEHRI TOWN District- Rohtas ====================================================== Ramanand Singh, S/O Lalmuni Singh R/O Village- Chaknwa (Budhan Bigha), P.S.- Dehri Town, (Indrapuri), District- Rohtas ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Rajani Kant Singh For the Opposite Party/s :

Mr. Satyendra Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 23-12-2021 Heard the learned Advocate for the petitioner and the learned APP for the State.

The petitioner seeks bail in connection with Dehri Town (Indrapuri) P. S. Case No.578 of 2020, instituted for the offences under Sections 341, 323, 302, 307, 448 and 506/ 34 of the Indian Penal Code.

The learned counsel for the petitioner submits that the petitioner is in custody since 05.08.2020, he is a person with clean antecedent and charge-sheet has been submitted in this case.

The learned counsel for the petitioner further submits that the allegation in the F.I.R. is that over a fight between the son of the informant and Uday Kumar in course of playing, Uday Kumar went back home and called his family members

Patna High Court CR. MISC. No.27928 of 2021(3) dt.23-12-2021 2/3 and on order of Lalmuni Singh, all the accused persons assaulted the informant and the members of his family leading to death of his mother.

The learned counsel for the petitioner submits that allegation as levelled in the F.I.R. are false and concocted. The petitioner has been falsely implicated in the case. There is a case and counter-case between the parties. The allegations are not supported from the contents of the post mortem report wherein only one injury was found on the body of the deceased whereas in the F.I.R., it is alleged that several persons assaulted the mother of the deceased by lathi, danda and stone on the head. The learned counsel for the petitioner further submits that though there is allegation against this petitioner of assaulting along with Birbal Kumar @ Vishal Kumar and other named accused, but the allegations are exaggerated version of the occurrence.

The learned counsel submits that the co-accused Birbal Kumar @ Vishal Kumar has been granted bail by order dated 23.11.2021 in Cr. Misc. No.22870 of 2021. Learned A.P.P. opposes the bail application and submits that from F.I.R.

Patna High Court CR. MISC. No.27928 of 2021(3) dt.23-12-2021 3/3 submission of the learned counsel for the petitioner on the issue that when several persons assaulted with lathi, danda and stone how come only one injury was found on the body of the deceased.

Considering the fact that the petitioner is in custody since 05.08.2020, he is a person with clean antecedent, chargesheet has been submitted in this case and co-accused has been granted bail, the petitioner, above-named, is directed to be released on bail on his furnishing bail-bonds in the sum of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of Smt. Aditi Gupta, learned J. M. 1st Class, Dehri-on-Sone, Rohtas in connection with Dehri Town (Indrapuri) P. S. Case No.578 of 2020.

The application stands allowed.

(Satyavrat Verma, J) vikash/- U T