Deo Sharan Ravidas v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.29246 of 2024 Arising Out of PS. Case No.-1148 Year-2023 Thana- GAYA MUFASIL District- Gaya ====================================================== 1.

Deo Sharan Ravidas, Male, aged about 44 years, son of Muneshwar Ravidas, 2.

Ramchandra Ravidas @ Bugal Ravidas @ Shyam Sundar Ravidas, Male, aged about 32 years, son of Phoolkesh Ravidas, 3.

Chit Ranjan Kumar @ Yuvraj Kumar, Male, aged about 27 years, son of Deosharan Ravidas, 4.

Ramesh Kumar @ Rakesh Kumar, Male, aged about 23 years, son of Deosharan Ravidas, 5.

Harihar Kumar, Male, aged about 23 years, son of Deosharan Ravidas All are Resident of Mohalla- Bagahi Kala, P.S.- Mufassil, District- Gaya, Bihar ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Sunil Kumar Yadav, Advocate For the Opposite Party/s :

Mr. Rajendra Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE KHATIM REZA ORAL ORDER 15-05-2024 Learned counsel for the petitioners seeks permission to add alias name of the petitioner no.4 as "Rakesh Kumar" in the cause title of the bail application.

2. Prayer is allowed.

3. Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State.

4. The petitioners apprehend arrest in connection with Muffasil PS Case No.1148 of 2023 dated 13.11.2023, instituted under Sections 341, 323, 325, 354, 379, 504/34 of the Indian

Patna High Court CR. MISC. No.29246 of 2024(2) dt.15-05-2024 2/3 Penal Code.

5. The prosecution case, in brief, is that on the alleged date of occurrence the petitioners and other co-accused persons came at the door of the informant shouting "Jai Bhim" and started abusing the informant. On protest, co-accused, Shaukin Kumar, assaulted the informant with iron rod on his head. On hulla, when Gautam Kumar, Aditya Kumar and Kamaldeo Paswan came on the spot, co-accused, Rahul Kumar, who was armed with iron rod assaulted Gautam Kumar due to which he suffered fractured injury, petitioner no.1 assaulted Kamdeo Paswan with iron rod on his right hand due to which Kamdeo Paswan sustained fractured injury in his hand. It is further alleged that all the three sons of petitioner no. 1 also assaulted the informant and others.

6. Learned counsel for the petitioners submits that the petitioners are innocent and have been falsely implicated in this case due to previous enmity. There is case and counter case between the parties. Counter case i.e. Muffasil PS Case No. 1149 of 2023 has been lodged by the petitioner no.1 against the informant and his family members. Further submission is that from the impugned order it is clear that Gautam Kumar, Kamaldeo Paswan and Ajit Kumar have suffered simple injuries

Patna High Court CR. MISC. No.29246 of 2024(2) dt.15-05-2024 3/3 on their person.

7. Learned APP has opposed the prayer for bail.

8. Having considered the facts and circumstances of the case and submissions of learned counsel for the parties, in the event of arrest or surrender before the Court below within six weeks from today, the petitioners be released on bail upon furnishing bail bonds of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Gaya, in Muffasil PS Case No.1148 of 2023, subject to the conditions laid down in Section 438(2) of the Code of Criminal Procedure, 1973.

9. The application stands allowed.

(Khatim Reza, J) J. Alam/- U T