Rituraj Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.21855 of 2020 Arising Out of PS. Case No.-24 Year-2019 Thana- SAMHO District- Begusarai ====================================================== RITURAJ SINGH, Male, aged about 44 years, Son of Late Govindar Singh, Resident of Village - Sarlahi, P.S.- Samho, District-Begusarai. ... ... Petitioner

Versus

THE STATE OF BIHAR ... ... Opposite Party ====================================================== Appearance :

For the Petitioner :

Mrs. Soni Srivastava and Mr.Ravi Bhardwaj, Advocates.

For the Opposite Party :

Mr. Raj Kishore Singh, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 08-07-2020 Due to COVID-19 Pandemic, the matter is being taken up by way of virtual Court proceeding.

The matter has been listed under the heading 'For Orders' under the orders of Hon'ble the Chief Justice. Learned counsel for the petitioner is directed to remove the defects, as pointed out by the office, within a period of four weeks from the date of lifting of the lockdown in the State of Bihar.

A supplementary affidavit has been filed on behalf of the petitioner. Let it be kept on the record. Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner seeks bail in a case for the offence

Patna High Court CR. MISC. No.21855 of 2020(2) dt.08-07-2020 2/3 registered under Sections 447, 342, 323, 307,354 and 504/34 of the IPC.

The prosecution story, in brief, is that on 06.05.2019, the informant sat at his house. In the meantime, all the F.I.R. named accused persons including the petitioner came having with Lathi, rod, Axe, bricks and started to abuse and assault him. There is specific allegation against the petitioner that he continuously assaulted the informant till his fell down and thereafter they have also abused the female members of the prosecution side.

It has been submitted by learned counsel for the petitioner that the petitioner is in custody since 20.03.2020. The petitioner has falsely been implicated in the present case. Charge sheet has been submitted in the present case. There is no allegation of tampering with the witnesses alleged against the petitioner. General and omnibus allegation has been made against the petitioner. Free fight is alleged to have taken place between the parties. Injury on the side of the accused persons has not been explained by the prosecution. The prosecution has not come with clean hands.

On behalf of the learned counsel for the State, it has been submitted that the petitioner is named in the F.I.R.

Patna High Court CR. MISC. No.21855 of 2020(2) dt.08-07-2020 3/3 Considering the facts and circumstances of the case and also the lockdown, the petitioner above named, is directed to be released on bail on his personal bond to the satisfaction of the learned Sub Judge-VI A.C.J.M.-IV, Begusarai, in connection with Samho P.S. Case No. 24/2019.

Once the normalcy is restored, the petitioner shall furnish bail bonds of Rs. 10,000/-(Rupees Ten Thousand) with two sureties of the like amount each within a period of four weeks to the satisfaction of the court concerned in connection with the aforesaid case.

(Sudhir Singh, J) U.K./- U T