Rama Shankar Singh @ Gujra @ Ram Shank Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.28864 of 2020 Arising Out of PS. Case No.-314 Year-2019 Thana- SULTANGANJ District- Bhagalpur ====================================================== RAMA SHANKAR SINGH @ GUJRA @ RAM SHANK SINGH Son of Ganesh Prasad Singh Resident of Village - Tilakpur, P.S.- Sultanganj, District - Bhagalpur.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Mukul Jee, Adv.

For the Opposite Party/s :

Mr. Pranav Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 29-01-2021 Heard the learned counsel for the petitioner and the learned APP for the State, Sri Pranav Kumar.

The petitioner seeks regular bail in connection with Sultanganj P.S. Case No. 314 of 2019, registered for the offence punishable under Sections 341, 323, 307/34 of the Indian Penal Code and later on, Section 302 of the Indian Penal Code was added.

The allegation is regarding the accused persons including the petitioner herein having arrived at the alleged place of occurrence, whereafter they are stated to have assaulted the wife of the informant, namely, Bindu Devi and his sister-in-law, namely, Lalita Devi. The petitioner is

Patna High Court CR. MISC. No.28864 of 2020(4) dt.29-01-2021 2/3 alleged to have assaulted Lalita Devi while the other co-accused persons had assaulted Bindu Devi resulting in death of the said Bindu Devi. The learned counsel for the petitioner has submitted that the petitioner is innocent, he has been falsely implicated in the present case, he is having a clean antecedent and he is languishing in custody since 16.01.2020. The learned counsel for the petitioner has further submitted that the injury of the aforesaid Lalita Devi has been found to be simple and a general and omnibus allegation has been levelled against the petitioner herein. Lastly, it is submitted that similarly situated co-accused person has already been granted the privilege of anticipatory bail by a coordinate Bench of this Court vide order dated 02.03.2020 passed in Criminal Miscellaneous No. 6034 of 2020.

Per contra, the learned APP for the State has vehemently opposed the prayer for bail.

Having regard to the facts and circumstances of the case, considering the

Patna High Court CR. MISC. No.28864 of 2020(4) dt.29-01-2021 3/3 submissions made by the learned counsel for the petitioner and taking into account the materials on record as also those available in the case diary, this Court finds that the petitioner is alleged to have assaulted the injured person, namely, Lalita Devi, however, she has received simple injuries, apart from the fact that similarly situated co-accused person has already been granted the privilege of anticipatory bail by a coordinate Bench of this Court, hence, I deem it fit and proper to direct for release of the petitioner on regular bail.

Accordingly, the above named petitioner is directed to be enlarged on bail on furnishing bail bonds of Rs. 10,000/- (rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned ACJM-1st Class, Bhagalpur in connection with Sultanganj P.S. Case No. 314 of 2019.

(Mohit Kumar Shah, J) Ajay/- U T