Ravish Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.741 of 2021 Arising Out of PS. Case No.-79 Year-2019 Thana- SAHEBPUR KAMAL District- Begusarai ====================================================== RAVISH KUMAR Son of Kari Singh (Bhanja of Shivdani Ram) Resident of Village- Naya Tola, P.S.- Sahebpur Kamal, Distt- Begusarai. Permanant Address- Ravish Kumar Aged 22 Years Son of Kari Singh, Resident of Village- Naya Tola P.S.- Sahebpur Kamal, Distt- Begusarai. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Mrityunjay Kumar- Advocate For the Opposite Party/s :

Mr. Bharat Lal- A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 02-08-2021 Heard Mr. Mrityunjay Kumar, the learned Advocate for the petitioner and Mr. Bharat Lal, the learned APP for the State.

The petitioner seeks bail in anticipation of his arrest in connection with Sahebpur Kamal P. S. Case No.79 of 2019, instituted for the offences under Sections 147, 148, 149, 341, 307, 302, 323 of the Indian Penal Code.

On 24.06.2021, this Court had called for the case diary which has been received.

The accusation in the F.I.R. is that the husband of the informant was assaulted by approximately 17 persons leading to his death. The nephew of the informant was also assaulted. The learned Advocate for the petitioner has submitted

Patna High Court CR. MISC. No.741 of 2021(3) dt.02-08-2021 2/3 that the main act of assault on the deceased is attributed to one Shivdani Ram who is the maternal uncle of the petitioner. Because of an old land dispute, the entire family of aforesaid Shivdani Ram has been made accused in this case. The petitioner does not even live in the village of the occurrence but he has also not been spared.

It has further been submitted that at one place in the F.I.R., there is an allegation of the petitioner and two others having given orders for killing the deceased. But such accusation is not supported by any witness during the course of investigation.

The persons who are specifically alleged to have assaulted the nephew of the informant namely Pankaj Ram @ Pankaj Kumar and Sudhir Ram @ Sudhir Kumar have been granted anticipatory bail. The other accused persons of this case have also been granted anticipatory bail. The fatal assault is attributed to Shivdani Ram, as noted above, who is in custody. Regard being had to the facts afore-stated, the petitioner above-named, in the event of his arrest or surrender before the learned Court below within a period of eight weeks, is directed to be released on bail on his furnishing bail-bonds in the sum of Rs. 10,000/- (Rupees Ten Thousand) with two

Patna High Court CR. MISC. No.741 of 2021(3) dt.02-08-2021 3/3 sureties of the like amount each to the satisfaction of Sri Rajeev Kumar, learned Judicial Magistrate, 1st Class, Begusarai in connection with Sahebpur Kamal P. S. Case No.79 of 2019, subject to the conditions laid down under Section 438(2) of the Cr.P.C.

The application stands allowed.

(Ashutosh Kumar, J) vikash/- U T