Mithlesh Ravidas And ANR v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.50809 of 2018 Arising Out of PS.Case No. -131 Year- 2018 Thana -WAJIRGANJ District- GAYA ======================================================
1. Mithlesh Ravidas, aged about 32 Years,
2. Mantu Ravidas, aged about 22 Years, Both Sons of Late Gurudeo Ravidas, R/o Vill.- Jamuawan (Yamuvama), P.S.- Wazirganj, DistrictGaya. .... .... Petitioners
Versus
The State of Bihar .... .... Opposite Party ====================================================== Appearance :
For the Petitioners : Mr. Mayank Rukhaiyar, Advocate. For the Opposite Party : Mr. Abhay Kumar Roy, A.P.P. For the Informant : M/S. Praveen Kumar, Mayank Manvendra and Alok Anand, Advocates.
====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 19-09-2018 A supplementary affidavit has been filed on behalf of the petitioners. The same may be kept on the record. Learned counsel for the petitioners is permitted to make necessary correction in paragraph no. 3 of the bail application in light of supplementary affidavit, in course of the day.
Heard learned counsel for the petitioners, learned counsel for the informant and learned A.P.P. for the State. The petitioners are languishing in custody since 02.05.2018 in a case for the offence registered under Sections 341, 302/34 of the IPC and 27 of the Arms Act.
Patna High Court Cr.Misc. No.50809 of 2018 (2) dt.19-09-2018 2/3 The prosecution story, in brief, is that on 01.05.2018 at 10.00 P.M. the husband of the informant after having his dinner was going to sleep to his new house. She was also going alongwith her husband. On the way, co-villagers, co-accused Manoj Kumar Anand, Mithilesh Ravidas (petitioner no.1), Mantu Ravidas (petitioner no. 2), brother-in-law of Manoj Kumar Anand confronted the husband of the informant and started assaulting him. In the meantime, co-accused Manoj Kumar Anand having armed with Katta fired three rounds bullets on his chest, armpit and stomach as a result of which, he died on the spot. It has been submitted by learned counsel for the petitioners that the petitioner no. 1 has got no criminal antecedent. Charge sheet has been submitted in the present case.
There is no allegation of tampering with the witnesses alleged against the petitioners. As per F.I.R., co-accused Manoj Kumar Anand is alleged to have fired upon the deceased. The said fact is supported from the postmortem report. So far petitioners are concerned, general and omnibus allegation has been made against the petitioners. It is alleged that the petitioners have also assaulted the deceased but weapon has not been disclosed by the prosecution in respect to the petitioners.
On behalf of the learned counsels for the State and
Patna High Court Cr.Misc. No.50809 of 2018 (2) dt.19-09-2018 3/3 the informant, it has been submitted that the petitioners are named in the F.I.R.
Considering the aforesaid facts and circumstances, let the petitioners above named, be released on bail on furnishing bail bonds of Rs.10,000/- (Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned A.C.J.M. 1st, Gaya, in connection with Wazirganj P.S. Case No. 131 of 2018. U.K./- (Sudhir Singh, J) U T