Rambabu Thakur @ Ram Babu Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.68699 of 2021 Arising Out of PS. Case No.-86 Year-2020 Thana- KUNDWACHAINPUR District- East Champaran ====================================================== RAMBABU THAKUR @ RAM BABU KUMAR Son of Harishankar Thakur Resident of Village- Hasanpur Balua, P.S.- Kundwachainpur, District- East Champaran.
... ... Petitioner/s
Versus
THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Karandeep Kumar For the Opposite Party/s :
Mr. Nitya Nand Tiwary ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 15-10-2022 Heard learned counsel appearing on behalf of the petitioner and learned counsel appearing on behalf of the State. Let the defect(s), if any, be removed within a period of four weeks from today.
The petitioner seeks bail in connection with Kundwachainpur P.S. Case No. 86 of 2020 registered for the offence under Sections 147, 149, 323, 324, 308, 325, 448, 379, 504, 506 and 354 of the Indian Penal Code.
The accused/petitioner is named in the F.I.R. and is in custody since 05.09.2021.
The allegation against the petitioner is to made culpable homicide not amounting to murder, where, informant and others received several bodily injuries and also to outrage
Patna High Court CR. MISC. No.68699 of 2021(3) dt.15-10-2022 2/3 modesty of the wife of the informant along with other coaccused persons. Learned counsel appearing on behalf of the petitioner submitted that present occurrence is founded over family property disputes, for which, a title suit bearing Title Suit No.02 of 2020 is pending before the court of learned Sub Judge No.1, Sikrahana, Dhaka East Champaran. It is further submitted that the occurrence is of free fight in nature, where, it cannot be safely gathered that petitioner was under intention to cause death, where, a cross case was also lodged by petitioner's side, which has been registered as Kundwachainpur P.S. Case No. 87 of 2020. While concluding the argument, it is submitted that investigation of this case has been completed, for which, chargesheet has already been submitted, as such, there is no chance of tampering with the evidence.
Learned APP, opposes the prayer of bail.
Considering the facts and circumstances as mentioned above, as occurrence is of free fight, which is founded over admittedly, property disputes arises out of family partition, where, petitioner is under custody since 05.09.2021 coupled with the fact that charge-sheet has already been submitted, let the petitioner, above named, is directed to be released on bail in
Patna High Court CR. MISC. No.68699 of 2021(3) dt.15-10-2022 3/3 connection with Kundwachainpur P.S. Case No. 86 of 2020, on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned A.C.J.M.-V, Sikrahana at Dhaka, East Champaran/concerned court, subject to the condition as mentioned under Section 437(3) of the Cr.P.C. (Chandra Shekhar Jha, J) S.Katyayan/- U T