Ravi Kumar Chaudhary v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.31281 of 2023 Arising Out of PS. Case No.-30 Year-2023 Thana- RIVILGANJ District- Saran ====================================================== 1.

Ravi Kumar Chaudhary Son of Vikram Chaudhary @ Vidya Chaudhary Resident of Village- Sengar Tola, P.S.- Revilganj, District-Saran 2.

Gauri Shanker Chaudhary Son of Jawahir Chaudhary Resident of VillageSengar Tola, P.S.- Revilganj, District- Saran 3.

Sonu Chaudhary Son of Jawahir Chaudhary Resident of Village-Sengar Tola, P.S.-Revilganj, District-Saran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Mukesh Kumar Singh, Advocate For the Opposite Party/s :

Mr. Brajendra Nath Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 27-06-2023 Heard learned counsel appearing on behalf of the petitioners and learned counsel appearing on behalf of the State. Let the defect(s), if any, be removed within a period of four weeks from today.

The petitioners seek bail in connection with Revilganj P.S. Case No. 30 of 2023 registered for the offence under Sections 342/302/504/34 of the Indian Penal Code. The accused/petitioners are named in the F.I.R. and are in custody since 05.02.2023.

The allegation against the petitioners is to commit the murder of brother of informant alongwith other co-accused

Patna High Court CR. MISC. No.31281 of 2023(2) dt.27-06-2023 2/3 persons by inflicting knife injury, where dispute developed between the parties out of Sarswati idol-immersion, where vulgar music was played on DJ.

Learned counsel appearing on behalf of the petitioners submitted that the petitioners were only the members of procession of Sarswati idol-immersion and the for the said reason they were named with present occurrence. It is submitted that specific allegation, as to cause fatal knife injury is available against co-accused, namely, Ravi Kumar Rai. While concluding the argument, it has been submitted that investigation of this case is completed, for which charge-sheet has already submitted, and as such, there is no chance of tampering with the evidence.

Learned APP duly assisted by learned counsel Mr. Raushan Raj appearing on behalf of the informant, while opposing the prayer of bail submitted that petitioners actively participated during the occurrence causing death of brother of informant.

Considering the facts and circumstances as mentioned above, as maximum allegation appears against petitioners is to be the part of mob only, where specific allegation as to cause fatal assault is available against co-accused, Ravi Kumar Rai,

Patna High Court CR. MISC. No.31281 of 2023(2) dt.27-06-2023 3/3 coupled with the fact that charge-sheet has already submitted, where petitioners are in custody since 05.02.2023, accordingly, all petitioners, above named, are directed to be released on bail in connection with Revilganj P.S. Case No. 30 of 2023 on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate, 1st Class, Saran at Chapra/concerned Court, subject to the conditions as mentioned under Section 437(3) of the Cr.P.C.

(Chandra Shekhar Jha, J) Archana/- U T