Ravi Chaudhary @ Ravi Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.56183 of 2023 Arising Out of PS. Case No.-241 Year-2023 Thana- SASARAM MUFFSIL District- Rohtas ====================================================== Ravi Chaudhary @ Ravi Kumar S/O Krishna Chaudhary R/O VillageKarwandia, P.S- Sasaram (MUFF.), Distt.- Rohtas At Sasaram. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. N.K. Agrawal, Sr. Adv Mr. Raghunandan Kumar Singh For the Opposite Party/s :

Ms. Shaheen Begum ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 18-10-2023 Heard learned counsel for the petitioner 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 147, 148, 149, 341, 323, 307, 325, 504 of the Indian Penal Code and Section 27 of the Arms Act. Later on Section 302 I.P.C was also added.

The prosecution case as per F.I.R is that all the F.I.R named accused persons including the petitioner came variously armed at the house of the informant and surrounded the informant and his cousin Anuj Kumar @ Sonu. Thereafter, on order of co-accused Akhilesh Chaudhary, all the accused persons started making assault to the informant and other members. It is

Patna High Court CR. MISC. No.56183 of 2023(3) dt.18-10-2023 2/3 alleged against co-accused Ravi Chaudhary that he along with co-accused Manish Kumar, Kamal Kishor, Sunil Yadav assaulted to Rohit Kumar over his head who subsequently succumbed to the injuries.

It is submitted by learned counsel for the petitioner that petitioner is innocent and he has falsely been implicated in this case. There is general and omnibus allegation against the petitioner and petitioner is only alleged to be the member of unlawful assembly. There is no specific allegation against the petitioner. It is further alleged that informant specifically alleged that co-accused Polard Chaudhary, Raju Chaudhary, Neeraj Kumar and Anoj Pal assaulted to the deceased by means of lathi, iron rod on his head but the postmortem report of the deceased shows that he sustained only one head injury. The injuries of other persons including the informant were found to be simple in nature caused by hard and blunt substance. During investigation also, no consistent material evidence was collected against the

Patna High Court CR. MISC. No.56183 of 2023(3) dt.18-10-2023 3/3 petitioner and only on the basis of suspicion, the petitioner has been roped in the present case. The petitioner is languishing in custody since 13.05.2023. A statement has been made in para 3 of the petition that petitioner is accused in one other case apart from the present one.

In contra, learned A.P.P appearing on behalf of the State has vehemently opposed the prayer for bail of the petitioner.

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 Chief Judicial Magistrate, Rohtas at Sasaram in connection with Sasaram (M) P.S. Case No. 241 of 2023.

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