Patna High CourtCR. MISC./42865/2024bail rejected

Ram Bali Giri @ Rambali Giri v. The State Of Bihar

2024-08-22Mr. Justice Chandra Prakash Singh3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.42865 of 2024 Arising Out of PS. Case No.-160 Year-2023 Thana- VIDYAPATINAGAR DistrictSamastipur ====================================================== Ram Bali Giri @ Rambali Giri Son of Late Devki Giri R/O VILL.- WARD NO 03, TOLA BHAJANGAMA, GARSISAI, P.S.- VIDYAPATI NAGAR, DIST.- SAMASTIPUR ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Bhola Prasad, Adv.

For the Opposite Party/s :

Mr. Suman Kumari Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 22-08-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has preferred this application for grant of regular bail in connection with Vidyapati Nagar P.S. Case No. 160 of 2023 dated 09.10.2023 registered for the offences punishable under Sections 447, 341, 323, 307, 379, 302 and 34 of the Indian Penal Code.

3. As per the prosecution case, it is alleged that while the husband of the informant was counting the money in the meantime the petitioner along with three unknown persons came there and started snatching the money and when husband of the informant protested then he was assaulted by

Patna High Court CR. MISC. No.42865 of 2024(3) dt.22-08-2024 2/3 them with a heavy punch and lathi due to which he fell down on the ground then the petitioner and the co-accused rided on of his chest and started pressing his chest with their feet, and continued to press until he was at the verge of death and during course of treatment the husband of the informant died.

4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. Learned counsel has further submitted that the occurrence took place on 04.10.2023 but the FIR was lodged on 09.10.2023 after a delay of five days without any explanation. The petitioner has no concern with the alleged offence. The petitioner has no criminal antecedent as stated in para 3 of the bail petition. The petitioner is in custody since 27.03.2024.

5. Learned A.P.P. for the State has opposed the bail petition of the petitioner by submitting that there were injuries on the chest of the deceased as per the post-mortem report the cause of death is reserved till final report of viscera.

6. Considering the aforesaid facts and circumstances of the case as well as the heinous nature of allegation against the petitioner, this court is not inclined to grant bail to the petitioner and the same is rejected in connection with

Patna High Court CR. MISC. No.42865 of 2024(3) dt.22-08-2024 3/3 Vidyapati Nagar P.S. Case No. 160 of 2023, pending in the Court of leaned A.C.J.M.-2nd, Dalsinghsarai, Samastipur.

7. The application stands rejected.

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