Ram Awadhesh Singh @ Awadhesh Singh @ Pankaj Pridarshi v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.62109 of 2024 Arising Out of PS. Case No.-439 Year-2023 Thana- UDWANTNAGAR District- Bhojpur ====================================================== Ram Awadhesh Singh @ Awadhesh Singh @ Pankaj Pridarshi S/O Late Sitaram Singh R/O Village- Chaurashni, P.S- Udawantnagar (Gajrajganj O.P.), Distt.- Bhojpur.
... ... Petitioner/s
Versus
The State of Bihar Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Prabhat Kumar Singh, Adv.
for the informant :
Miss Priya, Adv.
For the State :
Mr. Lalan Kumar, A.P.P.
====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 18-09-2024 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 Udwantnagar (Gajrajganj O.P.) P.S. Case No. 439 of 2023 dated 14.10.2023 registered for the offences punishable u/s 323, 325, 341, 379, 307, 504, 506 /34of the IPC and section 27 of Arms Act.
3. As per the prosecution case, while the informant alongwith his uncle Sri Niwas Singh and Cousin Bir Bahadur Singh was working in his agricultural land, in the meantime, the petitioner alonwith other co-accused persons, variously armed, came there and started abusing and threatening. When the
Patna High Court CR. MISC. No.62109 of 2024(2) dt.18-09-2024 2/3 informant objected, the accused persons fired in air and the coaccused persons started assaulting the informant and his uncle due to which informant's uncle sustained injury over his palm. It is further alleged that co-accused Sonu Kumar snatched Rs. 10,000/- from the pocket of informant.
4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. There is general and omnibus allegation against the petitioner. Both parties are agnates and there is admitted land dispute between them. There is case and counter case between them. Both the parties have sustained injuries as alleged in separate occurrence. Similarly situated co-accused Bhuneshwar Singh has already been granted bail by this Court vide order dated 11.09.2024 passed in Cr. Misc. No. 62077 of 2024. Moreover, the petitioner is languishing in judicial custody since 16.04.2024.
5. Learned A.P.P. for the State has 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
Patna High Court CR. MISC. No.62109 of 2024(2) dt.18-09-2024 3/3 the like amount each to the satisfaction of learned Court concerned, Bhojpur at Ara in connection with Udwantnagar (Gajrajganj O.P.) P.S. Case No. 439 of 2023 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) Nirajkrs/- U T