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Patna High CourtCR. MISC./44580/2022allowed

Ram Pratap Singh v. The State Of Bihar

2023-03-13Mr. Justice Sunil Kumar Panwar3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.44580 of 2022 Arising Out of PS. Case No.-206 Year-2021 Thana- RAGHUNATHPUR District- Siwan ====================================================== Ram Pratap Singh S/O Arun Singh Resident Of Village- Nikhti Kalan, P.S.- Raghunathpur, District- Siwan ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sumit Shekhar Pandey For the Opposite Party/s :

Mr.Dr. Indiwar Kumari ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 13-03-2023 Heard learned counsel for the petitioner, informant and learned A.P.P appearing on behalf of the State.

The petitioner is languishing in custody in a case registered for the offences punishable under Sections 341, 323, 324, 307, 504/34 of the Indian Penal Code.

The prosecution case as per F.I.R is that after end of the Panchayat Election, the informant and Viraj Pratap Singh were sitting at their house when due to election rivalry, all the F.I.R named accused persons including the petitioner came and started abusing them

Patna High Court CR. MISC. No.44580 of 2022(4) dt.13-03-2023 2/3 and when the informant made objection, coaccused Vinod Kumar Singh instigated to kill on which co-accused Vikash Singh and Amit Singh caught hold the informant and Viraj Pratap Singh and thereafter co-accused Chunnu Singh and this petitioner assaulted the informant with knife on his chest and they also assaulted Viraj Pratap Singh on his stomach due to which both persons got seriously injured.

It is submitted by learned counsel for the petitioner that petitioner is innocent and he has falsely been implicated in this case. There is not specific as due to whose assault, the informant sustained injuries. There is no accusation of repeating the blow. The petitioner is languishing in custody since 04.06.2022. A statement has been made in para 3 of the petition that petitioner has no criminal antecedent.

Learned counsel appearing on behalf of the informant and learned A.P.P for the State have vehemently opposed the prayer for bail of the petitioner

Patna High Court CR. MISC. No.44580 of 2022(4) dt.13-03-2023 3/3 and submitted that petitioner is named in the F.I.R and informant and one other person have sustained stabbed injuries.

Considering the facts aforesaid and the period under custody, let the petitioner, above named, be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten Thousands) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate-VIII, Siwan in connection with Raghunathpur P.S. Case No. 206 of 2021.

(Sunil Kumar Panwar, J) Shageer/- U T