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Patna High CourtCR. MISC./47020/2021allowed

Ritu Raj Singh v. The State Of Bihar

2021-11-01Mr. Justice Anjani Kumar Sharan3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.47020 of 2021 Arising Out of PS. Case No.-187 Year-2021 Thana- SONEPUR District- Saran ====================================================== RITU RAJ SINGH S/o Satendra Prasad Singh R/o village- Paharichak, P.S.- Sonpur, District- Saran ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Naresh Chandra Verma, Adv.

For the Opposite Party/s :

Ms.Anita Kumari Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 01-11-2021 Heard learned counsel for the petitioner and learned A.P.P. for the State.

Learned counsel for the petitioner undertakes to remove the defects within four weeks of resumption of normal court proceeding. In the eventuality of non-removal of defects within undertaken period, office will place the matter before the Bench. Earlier, vide order dated 27.08.2021, petitioner was released on provision bail for 20 days for appearing in the Gujarat Public Service Commission examination. Thereafter, vide order dated 17.09.2021, his provisional bail was extended for one month for appearing in Rajasthan Public Service Commission examination. The petitioner, then surrendered before the learned court below on 18.10.2021. The petitioner seeks bail in connection with Sonepur P.S.

Patna High Court CR. MISC. No.47020 of 2021(4) dt.01-11-2021 2/3 Case No.187 of 2021, registered for the offence punishable under Sections 147, 148, 149, 342, 323, 302, 504 and 506 of the Indian Penal Code.

Allegation against the petitioner is that on 28.03.2021, he along with four accused persons have assaulted the elder brother of the informant over a land dispute, due to which the informant's brother died in course of treatment in the hospital. It is submitted by learned counsel for the petitioner that petitioner is quite innocent and has not committed any offence as alleged in the FIR. No offence as alleged has ever took place. He has been falsely implicated in this case due to enmity. There is general and omnibus allegations against all the accused persons that they had been assaulting by lathi-danda. It is further submitted that in between 28.03.2021 till 02.04.2021, no FIR was lodged and the hospital certificate shows death due to disease mentioned therein and cardio pulmonary arrest. There is a land dispute between the parties. Similarly situated co-accused namely Dharm Raj Singh has been granted bail by a co-ordinate Bench of this Court vide order dated 27.10.2021 passed in Cr. Misc. No.43889 of 2021. The petitioner has no criminal antecedent.

Learned APP for the State opposed the prayer for bail.

Patna High Court CR. MISC. No.47020 of 2021(4) dt.01-11-2021 3/3 Considering the facts and circumstances of this case, the above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Saran at Chapra, in connection with Sonepur P.S. Case No.187 of 2021. (Anjani Kumar Sharan, J) pallavi/- U T