Pravesh Ram v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.17383 of 2021 Arising Out of PS. Case No.-55 Year-2020 Thana- NAVINAGAR District- Aurangabad ====================================================== PRAVESH RAM Son of Rampati Ram Resident of Village- Bara Tetariya, P.S.- Navinagar Badem O.P. District- Aurangabad. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Shailesh Kumar Singh For the Opposite Party/s :

Mr.Amitesh Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 08-07-2021 This matter is taken up for consideration through Video Conferencing under the orders of Hon'ble the Chief Justice.

Heard both parties.

The petitioner seeks bail in Navinagar (Badem OP) P.S. Case No. of 55 of 2020, registered for the offence punishable under Sections 323, 324, 354 and allied sections of the Indian Penal Code. Later on, section 302 of the IPC was added.

As per the prosecution case, all the 11 FIR named accused persons including this petitioner are alleged to have assaulted the informant and his family members by lathi, danda, Garasa, bricks and stones. In this process, informant's brother Sahendra Paswan became severely injured and succumbed to

Patna High Court CR. MISC. No.17383 of 2021(2) dt.08-07-2021 2/3 the injuries.

It is submitted on behalf of the petitioner that there is general and omnibus allegation of commission of assault against all the accused persons and no specific overt act has been raised against this petitioner. There is case and counter case. Similarly, situated co-accused persons have already been granted bail by different Benches of this Court. Petitioner bears clean antecedent and he is in custody since 07.07.2020. Considering the fact that there is general and omnibus allegation against the petitioner and similarly situated coaccused have already been granted bail by this Court, the petitioner above-named, is directed to be enlarged on bail on furnishing bail bond of Rs.

10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Aurangabad in connection with Nabinagar (Badem OP) P.S. Case No.

Patna High Court CR. MISC. No.17383 of 2021(2) dt.08-07-2021 3/3 cancelled by the court below.

(ii) If the petitioner tampers with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioner. (Prabhat Kumar Singh, J) vinita/- U T