Raghuni Pal v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.66805 of 2024 Arising Out of PS. Case No.-190 Year-2022 Thana- JAMHOR District- Aurangabad ====================================================== Raghuni Pal Son of Late Sukhdeo Pal @ Suhdeo Pal Resident of village - Batawan, Police Station - Jamhore, District - Aurangabad. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Kamlendra Prasad Singh For the Opposite Party/s :
Mr.Md. Ataur Rahman ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 25-10-2024
1. Heard learned Counsel for the petitioner and learned Additional Public Prosecutor for the State.
2. The petitioner seeks regular bail in connection with Jamhore Police Station Case No. 190 of 2022, registered for the offence punishable under Sections 147/148/149/ 341/323/324/307/302/504/506 of the Indian Penal Code.
3. The prosecution case, as per the First Information Report, is that the petitioner, along with other co-accused persons, altogether twelve in numbers, variously armed with lathi, danda, iron-rod, sword, garasa, tangi, spade, countrymade pistol, assaulted the uncles of the informant, due to which one of the uncles of the informant died and another got seriously injured.
4. Learned Counsel for the petitioner submits that the
Patna High Court CR. MISC. No.66805 of 2024(3) dt.25-10-2024 2/3 petitioner is innocent and has falsely been implicated in this case due to land dispute inasmuch as both parties are agnates and Title Suit No. 30 of 2022 is pending between them. He further submits there is general and omnibus allegation against the accused persons and co-accused persons, namely, Saguni Devi, Vikram Pal, Surendra Pal, Soharai Pal, Pankaj Pal and Sonajhari Devi (vide order, dated 05.07.2033, passed in Criminal Misc. No. 8129 of 2023), and Keshwar Pal (vide order, dated 01.05.2023, passed in Criminal Misc. No. 6097 of 2023), have been granted regular bail by Co-ordinate Benches of this Court. He next submits that petitioner is in custody since 15.06.2024, and charge sheet has been submitted against him and as such, there is no likelihood that the petitioner will abscond and/or tamper with the evidence.
5. Regards being had to the submissions made by the parties and taking into consideration the materials available on record and the fact that petitioner is in custody since 15.06.2024, charge-sheet has already been submitted, similarly situated co-accused persons have been granted bail by this court, I am inclined to grant regular bail to the petitioner.
Patna High Court CR. MISC. No.66805 of 2024(3) dt.25-10-2024 3/3
6. This application is, accordingly, allowed.
7. Let the petitioner, above named, be released on bail on furnishing bail bond of Rs. 20,000/- (Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned 3rd Additional Chief Judicial Magistrate, Aurangabad, in connection with Jamhore Police Station Case No. 190 of 2022.
(Anil Kumar Sinha, J.) Prabhakar Anand/- U √ T √