Ram Surat Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.41229 of 2023 Arising Out of PS. Case No.-853 Year-2022 Thana- BHABHUA District- Kaimur (Bhabua) ====================================================== RAM SURAT SINGH S/O LATE RAM SAKAL SINGH R/O VILLAGETIYARA GHAT, PO. MUTHANI, PS. BHABUA, DIST. KAIMUR, BHABUA ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Radha Mohan Pandey For the Opposite Party/s :

Mr.Dashrath Mehta ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 19-07-2023 Learned counsel for the petitioner is permitted to remove defect (s), as pointed out by the office, if any, within a period of four weeks on resumption of physical mode. Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner has preferred this application for grant of regular bail in connection with Bhabua P.S. Case No. 853 of 2022 dated 20.12.2022 registered for the offence punishable u/s 341, 323, 324, 307, 504 and 34 of the Indian Penal Code. As per the prosecution case, the petitioner along with co-accused persons forming an unlawful assembly reached the field of the informant and started hurling abuses to which the informant protested and the petitioner inflicted injury by

Patna High Court CR. MISC. No.41229 of 2023(2) dt.19-07-2023 2/3 'garasa' on his head and thereafter co-accused persons assaulted the informant with iron rod, lohbanda etc. and thereafter the petitioner showing pistol chased the companions of the informant.

Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case due to the envy from the progress of the petitioner. There is general and omnibus allegation against the petitioner. Nothing incriminating material has been recovered from the conscious possession of the petitioner. There is no measurement specified for the Injury No. 1 of the injured. The petitioner is accused in 4 other criminal cases in which he is on bail in 2 cases as stated in para 3 of the bail petition. The petitioner is in custody since 5.1.2023.

Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner and submitted that the Injury No. 1 is grievous in nature, inflicted on the head which is a vital part of the body.

Considering the aforesaid facts and circumstances of the case as well as the period of custody, the petitioner abovenamed, is directed to be enlarged on bail on furnishing bail-bond of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of

Patna High Court CR. MISC. No.41229 of 2023(2) dt.19-07-2023 3/3 the like amount each to the satisfaction of learned Court concerned, Kaimur at Bhabua in connection with Bhabua P.S. Case No. 853 of 2022.

The application stands allowed.

(Chandra Prakash Singh, J) Ajay Singh/- U T