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Patna High CourtCR. MISC./55768/2023allowed

Shivbalak Ravidas v. The State Of Bihar

2023-09-05Mr. Justice Sunil Kumar Panwar3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.55768 of 2023 Arising Out of PS. Case No.-92 Year-2020 Thana- KAUWAKOL District- Nawada ====================================================== 1.

Shivbalak Ravidas Son Of Late Pachhu Ravidas R/O Village Sekhokhera, Shivpur Tola, P.S. Kawakol, District Nawada 2.

Karmi Devi Wife Of Shiv Balak Ravidas R/O Village Sekhokhera, Shivpur Tola, P.S. Kawakol, District Nawada ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Pramod Kumar Verma For the Opposite Party/s :

Mr.Syed Mojibur Rahman ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 05-09-2023 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has prayed for regular bail in a case registered for the offence punishable under sections 147, 148, 341, 323, 324, 447, 448, 302, 307 and 504 of the Indian Penal Code.

3. Allegation against the petitioner along with other co-accused persons is that they assaulted the informant's side with deadly weapon. It is further alleged that when the father and mother of the informant tried to save them, they were also assaulted and on raising alarm, they fled away. Thereafter his mother and both brothers were taken to hospital for treatment

Patna High Court CR. MISC. No.55768 of 2023(2) dt.05-09-2023 2/3 where both the brothers of the informant, namely, Jitendra Ravidas and Dharmendra Ravidas died during the course of treatment.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He has falsely been implicated in this case. It is further submitted that there is no any specific overt act has been attributed against the petitioners rather general and omnibus allegations have been levelled against them. There is no independent eye witness of the alleged occurrence. Similarly situated other co-accused person has already been granted bail by the different co-ordinate Bench of this Court vide order dated 16.06.2021 in Cr. Misc. No. 28997 of 2020. Moreover, the petitioners are languishing in judicial custody since 07.06.2023.

5. Learned APP appearing for the state has opposed the prayer of regular bail.

6. Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as custody of the petitioner, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Kawakole P.S. Case No. 92 of 2020 on furnishing bail bond of Rs.10,000/- (ten thousand)

Patna High Court CR. MISC. No.55768 of 2023(2) dt.05-09-2023 3/3 with two sureties of the like amount each to the satisfaction of learned A.C.J.M.-IV, Nawada.

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