Bharat Ravidas v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.23019 of 2020 Arising Out of PS. Case No.-01 Year-2020 Thana- AZIMABAD District- BHOJPUR ====================================================== Bharat Ravidas, son of Bhinik Ravidas, resident of village Bargaon, Police Station Azimabad, District Bhojpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Madanjeet Kumar For the Opposite Party/s :

Mr. Nityanand ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 10-09-2020 Heard learned Counsel for the petitioner and learned Additional Public Prosecutor for the State, through video conferencing.

The petitioner seeks regular bail in connection with Azimabad Police Station Case No. 01 of 2020, registered for the offence punishable under Sections 341/323/324/325/302/34 of the Indian Penal Code.

The allegation against the petitioner is that the petitioner, along with other co-accused persons, assaulted the son of the informant while he had gone to attend the call of nature by means of lathi, danda and iron-rod. It has further been alleged that co-accused China Rabidas assaulted the son of the informant by means of iron-rod on his head.

Patna High Court CR. MISC. No.23019 of 2020(2) dt.10-09-2020 2/3 Learned Counsel for the petitioner submits that though the petitioner is named in the First Information Report, no overt act has been attributed against him. He further submits that there is specific allegation of assault against co-accused China Rabidas on the head of the deceased and according to the post mortem report, the deceased has died due to the injury received by him on his head. He further submits that similarly situated co-accused person, whose name is also there in the First Information Report, Santosh Rabidas, has been granted bail by this Court, vide order passed in Criminal Misc. No. 16420 of 2020.

After having heard learned Counsel for the parties and taking into consideration the fact that similarly situated coaccused person has been granted bail by a co-ordinate Bench of this Court and the petitioner has remained in custody since 07.01.2020, I am inclined to grant regular bail to the petitioner after framing of charge against him.

This application is allowed.

Accordingly, let the petitioner, above named, be released on bail, upon furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Sub Divisional Judicial Magistrate,

Patna High Court CR. MISC. No.23019 of 2020(2) dt.10-09-2020 3/3 Bhojpur, at Ara, in connection with Azimabad Police Station Case No. 01 of 2020.

It is made clear that at the time of furnishing bail bonds, all the parties shall follow the guidelines regarding lockdown and social distancing.

(Anil Kumar Sinha, J.) Prabhakar Anand/- U √ T √