Ram Keshwar Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.25309 of 2024 Arising Out of PS. Case No.-412 Year-2022 Thana- BEGUSARAI MUFFASIL DistrictBegusarai ====================================================== Ram Keshwar Singh son of Late Chhatis Singh Resident of Village-Pansala Ps- Begusarai Muffasil Lakho OP Dist- Begusarai ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Pushpendra Kumar Singh For the Opposite Party/s :

Mr.Amitesh Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 26-04-2024 Heard learned counsel for the petitioner and learned A.P.P appearing on behalf of the State. The petitioner is languishing in custody in a case registered for the offences punishable under Sections 147, 341, 323, 307, 504, 506 of the Indian Penal Code and Section 27 of the Arms Act.

It is alleged against the petitioner that when the informant along with his brother Kaushal Kumar Singh was cutting grass, petitioner along with other co-accused persons, variously armed, came there and surrounded them. On the order of the petitioner, co-accused persons

Patna High Court CR. MISC. No.25309 of 2024(2) dt.26-04-2024 2/3 caught hold the informant and threw him on ground. Coaccused Kanhaiya Singh put rope around the neck of his brother, Kaushal Kumar Singh and started pulling whereas remaining persons started assaulting him by leg and fists. It is further alleged that co-accused Gaurav Kumar fired upon the informant to which he narrowly escaped. Co-accused Ramarcha Singh opened fire upon informant's brother to which he also narrowly escaped. It is submitted by learned counsel for the petitioner that petitioner is innocent and he has falsely been implicated in this case. From bare perusal of the F.I.R, it appears that co-accused Gaurav Kumar shot fire over the back of the informant. There is no specific allegation against the petitioner rather the allegation levelled against him is general and omnibus. He is only order giver. Moreover, the petitioner is languishing in custody since 08.01.2024. Similarly situated co-accused Manish Kumar has been granted bail vide order dated 06.12.2023, passed in Cr. Misc. No. 60902 of 2023 by

Patna High Court CR. MISC. No.25309 of 2024(2) dt.26-04-2024 3/3 this Court.

In contra, learned A.P.P appearing on behalf of the State has vehemently opposed the prayer for bail of the petitioner.

Considering the facts aforesaid and the period under custody, let the petitioner, above named, be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten Thousands) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Begusarai in connection with Begusarai Muffasil P.S. Case No. 412 of 2022.

(Sunil Kumar Panwar, J) Nirajkrs/- U T