Pradip Rawani @ Pradip Kumar Singh v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.62706 of 2021 Arising Out of PS. Case No.-76 Year-2021 Thana- DAWATH District- Rohtas ====================================================== PRADIP RAWANI @ PRADIP KUMAR SINGH Son of Ramdhar Rawani Resident of Village- Kowath, P.S.- Dawath, Dist- Rohtas (Sasaram). ... ... Petitioner/s
Versus
THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== with CRIMINAL MISCELLANEOUS No. 62891 of 2021 Arising Out of PS. Case No.-76 Year-2021 Thana- DAWATH District- Rohtas ====================================================== DABLU KUMAR @ ABHISHEK KUMAR Son of Pradip Rawani @ Pradip Kumar Singh Resident of Village - Kowath, P.S.- Dawath, Dist.- Rohtas (Sasaram).
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== with CRIMINAL MISCELLANEOUS No. 63595 of 2021 Arising Out of PS. Case No.-76 Year-2021 Thana- DAWATH District- Rohtas ====================================================== BABLU KUMAR @ PRASHANTH KUMAR Son of Pradip Rawani @ Pradip Kumar Singh Resident of Village- Kowath, P.S.- Dawath, DistrictRohtas (Sasaram). ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
(In CRIMINAL MISCELLANEOUS No. 62706 of 2021) For the Petitioner/s :
Mr. Sanjay Kumar, Advocate For the Opposite Party/s :
Mr. Ram Naresh Ray, APP For the Informant :
M/s Vijay Shankar Upadhyay Binod Kumar Singh, Advocates (In CRIMINAL MISCELLANEOUS No. 62891 of 2021) For the Petitioner/s :
Mr. Sanjay Kumar, Advocate For the Opposite Party/s :
Mr. Ram Priya Sharan Singh, APP
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M/s Vijay Shankar Upadhyay Binod Kumar Singh, Advocates (In CRIMINAL MISCELLANEOUS No. 63595 of 2021) For the Petitioner/s :
Mr. Sanjay Kumar, Advocate For the Opposite Party/s :
Mr. Ram Sevak Choudhary, APP For the Informant :
M/s Vijay Shankar Upadhyay Binod Kumar Singh, Advocates ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 10-05-2022 Heard learned counsel for the parties.
The three petitioners in the three applications have prayed for grant of regular bail in connection with Dawath P.S. Case no. 76 of 2021 registered under sections 302 and other sections of the Indian Penal Code.
As per the prosecution case, the seven named accused persons including the three petitioners herein are said to have jointly assaulted the husband of the informant who sustained serious injuries and was taken to the hospital in an unconscious state.
It is submitted by learned counsel for the petitioners that the petitioners have been falsely implicated in the case. The manner of occurrence is other than what has been narrated in the FIR, the correct version having been mentioned in the FIR lodged by the petitioner Pradip Kumar Singh which is Annexure-2 to the petition. The allegations are general and omnibus in nature. While the occurrence is said to have taken place on 1.6.2021 the death took place 9 days later. The
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The application for bail is opposed by learned APP for the State and learned counsel for the informant. It is submitted by learned counsel for the informant that the petitioners are named in the FIR and there is direct allegation of assault against them.
Having heard learned counsel for the parties and taking into consideration the general and omnibus allegations against the petitioners in the FIR together with the contents of the postmortem report not supporting the allegations made in the FIR, the petitioners having remained in custody for 10 months and investigation in the case having concluded, the three petitioners are directed to be enlarged on bail in connection with Dawath P.S. Case no. 76 of 2021 on each of them furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Chief Judicial Magistrate III, Bikramganj (Rohtas).
(Partha Sarthy, J) Spd/- U T
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