Ranu Singh @ Pouch v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.24398 of 2023 Arising Out of PS. Case No.-463 Year-2022 Thana- BARHARIA District- Siwan ====================================================== RANU SINGH @ POUCH S/o- DHARMENDRA SINGH Village- narharpur Babu Tola Ps- Barhariya Dist- Siwan ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ajay Kumar Pandey, Adv.

For the Opposite Party/s :

Mr. Ram Sevak Choudhary, APP For the informant :

Mr. Harendra Prasad, Adv.

Mr. Adesh Raj Singh, Adv.

====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 17-07-2023 Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner seeks bail in connection with Barhariya P.S. Case No. 463 of 2022 registered for the offence under Sections 341, 323, 324, 307, 302, 504, 506/34 of the Indian Penal Code.

The petitioner is alleged to have inflicted knife blow at the chest of the deceased who died during course of treatment. It is also alleged that when the informant tried to save the deceased the petitioner and his associates assaulted him and fled away. Learned counsel appearing for the petitioner submits that the petitioner, who is of clean antecedent, is innocent and has falsely been implicated in this case. He further submits that according to the F.I.R, the petitioner is stated to have inflicted

Patna High Court CR. MISC. No.24398 of 2023(3) dt.17-07-2023 2/2 knife blow at the chest of the deceased who died during course of treatment. He further submits that according to the postmortem report, the deceased sustained two injuries whereas the petitioner inflicted only one injury to the deceased as is clearly evident from the F.IR. He further submits that there is contradiction in the allegation of assault and the injuries thereof therefore, the prosecution appears to be doubtful. He further submits that the police after investigation has submitted chargesheet in this case against the petitioner and there is no allegation of tampering with the witnesses against the petitioner. The petitioner is rotting in judicial custody since 29.10.2022. Learned counsel for the informant as well as learned A.P.P.

for the State opposed the prayer for bail of the petitioner and submits that there is direct allegation of assault attributed to the petitioner who allegedly inflicted knife blow upon the victim due to which he died during course of treatment. Considering the facts and circumstances of the case and the rival submission of the parties, this Court is not inclined to grant the privilege of bail to the petitioner. Accordingly, the prayer for bail of this petitioner is rejected.