Sanjiwan Ravidas @ Sanjiwan Das v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.39135 of 2023 Arising Out of PS. Case No.-627 Year-2022 Thana- RUPASPUR District- Patna ====================================================== Sanjiwan Ravidas @ Sanjiwan Das Son Of Yadunandan Das Village Sarwan Usmanchak Ps Masaurhi District Patna ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Neerad Parashar For the Opposite Party/s :
Mr.Ram Naresh Ray ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 21-07-2023 Heard the learned counsel for the petitioner and learned APP for the State.
2. The petitioner seeks bail in connection with Rupaspur P.S. Case No. 627 of 2022 registered for the offence under Sections 302 and 34 of the Indian Penal Code.
3. As per the prosecution case, the deceased was tied in pole and was assaulted by many persons. He subsequently died.
4. Learned counsel for the petitioner submits that the deceased was a suspected thief and because of the allegation of theft, he was tied by local people and assaulted. Some persons have been named in the F.I.R. and some persons have been named during investigation. He further submits that the name of the petitioner has come during investigation and he is
Patna High Court CR. MISC. No.39135 of 2023(2) dt.21-07-2023 2/2 in custody since 28.02.2023 and no offence under Section 302 is made out against the petitioner.
5. Learned counsel for the petitioner also submits that similarly situated co-accused have been granted bail.
6. Learned counsel for the informant has submitted that the petitioner and others have assaulted the deceased. He further submits that the bail of one of the co-accused namely Sunil Kumar Das has been dismissed by this Court.
7. I have considered the submissions of the parties.
8. Considering the allegations levelled against the petitioner and his period of custody, this application for regular bail is allowed.
9. Let the petitioner, above named, be released on bail after framing of charge if the charge is not framed yet and on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned A.C.J.-I, Danapur, Patna/concerned Court below in connection with Rupas P.S. Case No. 627 of 2022. (Sandeep Kumar, J) Shishir/- U T