Ram Pravesh Singh v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.36160 of 2024 Arising Out of PS. Case No.-592 Year-2022 Thana- KANKARBAG District- Patna ====================================================== Ram Pravesh Singh Son of late Ramdular Singh R/O Vill.- Rajapakar, P.S.- Rajapakar, Dist.- Vaishali. At Present Residing as tenant in the house of Shiv Bihari Rai, Chiraiya Tand, P.S.- Kankarbagh, Dist.- Patna ... ... Petitioner/s
Versus
The State Of Bihar Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Shashank Shekhar, Advocate For the Opposite Party/s :
Mr.Shailendra Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 28-06-2024 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner is in judicial custody in connection with Kankarbagh P.S. Case No.592 of 2022 instituted under Sections 341, 323, 307, 379, 504, 506/34 of the Indian Penal Code lodged on 28.06.2022 by the informant Sanjay Kumar Singh.
3. The prosecution story in brief is that in the evening of 27.06.2022 as he was going to his house from the market, on way, he asked for a bottle of water from accused Ram Pravesh Singh but not only he refused, also abused the informant. The informant protested, but the accused petitioner was in drunken condition, and took out weapon. His wife, and his daughter, also
Patna High Court CR. MISC. No.36160 of 2024(2) dt.28-06-2024 2/3 came with rod, and they attacked on him. The informant fainted, and petitioner's daughter snatched his golden chain, of Rs. 75,000/-, Accordingly, the FIR.
4. Learned counsel for the petitioner submits that he had not made any assault rather the informant himself in an inebriated condition dashed with the auto and resulted into injury. His further submission is that if he granted bail, he will be diligently appearing in the trial.
5. Learned APP opposes the prayer for bail submitting that though there is allegation against this petitioner.
6. Considering the fact that he has already remained in custody since 20.08.2022 (as stated in paragraph-19 of the petition) and as per paragraph-14 of the petition, charges have been framed in the matter, this Court is inclined to grant him privilege of bail.
7. Let the petitioner be released on bail on furnishing bail of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the learned Additional Sessions Judge - XXI, Patna in connection with Sessions Trial No. 144 of 2023 arising out of Kankarbagh P.S. Case No. 592 of 2022 subject to the following conditions:
(i) one of the bailor should be the family
Patna High Court CR. MISC. No.36160 of 2024(2) dt.28-06-2024 3/3 member/relative of the petitioner who shall provide official document to show his/her bona fide;
(ii) the petitioner shall appear on each and every date before the Trial court and failure to do so for two consecutive dates without plausible reason will entail cancellation of his/her bail bond by the Trial court itself;
(iii) the petitioner shall appear before the concerned police station every fortnight for next six months to mark attendance;
(iv) the petitioner shall in no way try to induce or promise or threat the witnesses or tamper with the evidences, failing which the State shall be at liberty to take steps for cancellation of his bail bonds;
(v) the petitioner shall desist from committing any criminal offence again failing which the State shall be at liberty to take steps for cancellation of the bail bonds. (Rajiv Roy, J) Jagdish/- U T