Raja Babu Paswan @ Raja Babu Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.21210 of 2022 Arising Out of PS. Case No.-269 Year-2020 Thana- ARA MUFFSIL District- Bhojpur ====================================================== Raja Babu Paswan @ Raja Babu Kumar Son Of Yurjodhan Paswan Resident of vill. - Jagbalial, P.S.- Ara Muffasil, Dist.- Bhojpur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Rajani Ranjan Pd. Singh, Advocate For the Opposite Party/s :

Mr. Md. Fahimuddin, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR ORAL ORDER 19-07-2022 Let the defects, if any, be removed within four weeks from today.

Heard Mr. Rajni Ranjan Prasad Singh, learned counsel for the petitioner as well as learned Additional Public Prosecutor for the State.

Petitioner seeks bail in a case registered in connection with Ara (M) P.S.Case No. 269 of 2020 and Section 147, 148, 149, 323, 302, 324, 504, 506 of the Indian Penal Code.

As per the prosecution case, it is alleged that five FIR named persons including the petitioner came at the door of informant and accused Dinesh Ranjan Ram , who is having Dab assaulted his son on head and thereafter, Mantu

2/4 having iron rod assaulted his son on his face, which caused teeth and chin injuries. The son of the informant was brought to the hospital where he was declared dead. It is submitted by the learned counsel for the petitioner that there is general and omnibus allegation against the petitioner and specific allegation is agaisnt two other accused persons namely, Dinesh Ranjan Ram and Mantu Ram .It is further submitted that post mortem report also reveals that the fatal blow which caused death of the son of the informant is the injury caused over the head and the doctor has opined the cause of death as shock and hemorrhage due to injuries to vital part of the brain resulting into death. Moreover, there is specific allegation of assault against co-accused Mantu Ram, and he has been granted bail by a co-ordinate Bench of this Court in Cr. Misc. no. 5599 of 2021 vide order dated 02.07.2021, the copy of which has been annexed as Annexure-2 to this petitioner. It is next submitted that petitioner is in custody since 10.09.2021.

On the other hand, learned counsel for the State opposed the bail application of the petitioner.

3/4 Having heard the rival contentions of the parties and taking into consideration the general and omnibus nature of allegation against the petitioner and moreover, co-accused Mantu Ram against whom specific allegation was made has already been granted bail by co-ordinate Bench of this Court, let the petitioner, above named, be released on bail on furnishing bail bonds of Rs. 20,000/- (Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate,-VII, Bhojpur at Ara in connection with Ara ( M) P.S.Case No. 269 of 2020 subject to the condition that one of the bailors will be the close relatives of the petitioner with further conditions which are as follows:- (i) The petitioner will cooperate in conclusion of the trial.

(ii) He will remain present on each and every date of trial till disposal of the case.

(iii) He will not try to tamper with the evidence or intimidate the witnesses to delay the disposal of trial. (iv) In the event of default of two consecutive dates without any cogent reason, his bail bonds will liable

4/4 to be cancelled.

(Harish Kumar, J) N.K/- U T