Bharat Ravidas v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.51808 of 2021 Arising Out of PS. Case No.-99 Year-2021 Thana- PAKARIBARAW District- Nawada ====================================================== BHARAT RAVIDAS Son of Badlu Ravidas Resident of Village- Dhamaul, P.S.- Pakribarawan (Dhamaul), District- Nawada. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Vikramdeo Singh, Advocate Mr. Birendra Kumar, Advocate For the Informant :

Mr. Ram Pravesh Kumar, Advocate For the Opposite Party/s :

Mr. Kumar Veerendra Narayan, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 27-04-2022 Heard learned counsel for the parties.

The petitioner has preferred this application for grant of regular bail in a case registered under sections 302, 307 and other sections of the Indian Penal Code.

As per the prosecution case, it is stated by the informant that Shatrughn Ravidas and his son assaulted the father of the informant with an iron rod on his head leading to serious injuries as a result of which the father of the informant died in course of treatment.

It is submitted by learned counsel for the petitioner that although the allegations in the FIR were against Shatrughan Ravidas and his son, however erroneously the name of the petitioner Bharat Ravidas was recorded in place of the actual

Patna High Court CR. MISC. No.51808 of 2021(7) dt.27-04-2022 2/3 name of the son of Shatrughan Ravidas namely Akash Kumar. It is further submitted that in course of investigation the informant, Pappu Yadav and Dinesh Yadav have all consistently stated about Shatrughan Ravidas and his son Aakash Kumar having assaulted with an iron rod leading to death of the informant's father. The petitioner is in custody since 15.4.2021. It is further submitted that a supplementary affidavit has been filed enclosing the photocopy of the receipt of deposit of cost of Rs 20,000/- as directed by order dated 13.4.2022. The supplementary affidavit filed on behalf of the petitioner is taken on record.

The application for bail is opposed by learned APP for the State and learned counsel for the informant. It is submitted by learned counsel for the informant that not only the petitioner is named in the FIR but there is direct allegation of assault against him.

Having heard learned counsel for the parties and taking into consideration the facts of the case, the allegations in the FIR, the material which has transpired in course of investigation including the statement of the informant, Pappu Yadav and Dinesh Yadav wherein they have consistently stated about Shatrughan Ravidas and his son Aakash Kumar having

Patna High Court CR. MISC. No.51808 of 2021(7) dt.27-04-2022 3/3 assaulted the father of the informant with an iron rod on his head together with the petitioner having remained in custody for 1 year, the Court directs the petitioner to be enlarged on bail in connection with Pakribarawan (Dhamaul) P.S. Case no. 99 of 2021 on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Judicial Magistrate 1st Class, Nawada. (Partha Sarthy, J) Prakash/- U