Raviranjan Kumar @ Ghagha @ Ghangha v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.59111 of 2024 Arising Out of PS. Case No.-69 Year-2024 Thana- SAKURABAD District- Jehanabad ====================================================== Raviranjan Kumar @ Ghagha @ Ghangha Son of Ramakant Yadav R/VVillage- PS Kurtha, Distt.- Arwal ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Paras Nath, Adv.

For the informant : Mr. Rajiv Prashant, Adv. For the Opposite Party/s :

Mr.Bharat Bhushan, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 26-10-2024 Heard learned counsel for the petitioner, learned counsel for the informant and learned A.P.P for the State.

2. The petitioner has preferred this application for grant of regular bail in connection with Shakurabad P.S. Case No. 69 of 2024 dated 20.04.2024 registered for the offences punishable u/s 302 of the Indian Penal Code.

3. As per the prosecution case, one Upendra Chaudhary who runs a T.V./ Fan repairing shop at Fauladpur Bazar informed on the mobile phone of the informant's younger son that the informant's second son Surendra Prasad was lying unconscious and on this information, the informant's younger son went to the shop of Upendra Chaudhary and found his brother Surendra Prasad lying senseless where his villagers

Patna High Court CR. MISC. No.59111 of 2024(3) dt.26-10-2024 2/3 Sandeep Sao and Bajrangi Prasad were also present there who disclosed that while they were returning to their house, they saw that there was scuffle between Surendra Prasad and the petitioner and further disclosed that the petitioner assaulted Surendra Prasad (deceased) with coil (wire) of the fan due to which, the deceased fell down and became senseless. Thereafter, the petitioner fled away from there then they brought Surendra Prasad at the shop of Upendra Chaudhary and was treated by the local doctor. Thereafter, they brought him to PHC Kurtha for treatment where the doctor declared him dead.

4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. The name of the petitioner has surfaced in this case on the basis of disclosure made by the villagers of the informant. Nothing has been recovered from the conscious possession of the petitioner. The allegation against the petitioner is that the petitioner assaulted the deceased with coil (wire) of the fan but it appears from the post-mortem report of the deceased, no external injury was found on the person of the deceased. It is further submitted that the petitioner has no concern with the alleged offence. The petitioner has clean antecedent as stated in para 3 of the bail petition. The petitioner is in custody since

Patna High Court CR. MISC. No.59111 of 2024(3) dt.26-10-2024 3/3 24.04.2024.

5. Learned A.P.P. for the State and learned counsel for the informant have vehemently opposed the bail petition of the petitioner.

6. Considering the aforesaid facts and circumstances of the case as well as the period of custody, the petitioner abovenamed, is directed to be enlarged on bail on furnishing bail-bond of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Court concerned, Jehanabad in connection with Shakurabad P.S. Case No. 69 of 2024 with the condition :- (i) The petitioner is directed to remain physically present before the learned Court below on each and every date, failing which on two consecutive dates without reasonable cause, the bail bond of the petitioner is liable to be cancelled.

7. The application stands allowed.

(Chandra Prakash Singh, J) Gautam/- U T