Birendra Raushan @ Birendra Ravidas v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.64412 of 2022 Arising Out of PS. Case No.-237 Year-2022 Thana- GHOSI District- Jehanabad ====================================================== 1.

Birendra Raushan @ Birendra Ravidas S/o Mukhlal Ravidas R/o VillageKarhara, P.S.- Ghosi in the district of Jehanabad. 2.

Lakhan Mochi S/o Balli Mochi R/o Village- Karhara, P.S.- Ghosi in the district of Jehanabad.

3.

Bakhori Mochi S/o Late Suku Mochi R/o Village- Karhara, P.S.- Ghosi in the district of Jehanabad.

4.

Manju Manjhi S/o Baisakhi Manjhi @ Manju Mochi R/o Village- Karhara, P.S.- Ghosi in the district of Jehanabad.

... ... Petitioner/s

Versus

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

For the Petitioner :

Mr. Sunil Kumar, Advocate For the State :

Mr. Anil Prasad Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 13-12-2022 Heard learned counsel appearing on behalf of the petitioners and learned APP appearing on behalf of the State. The petitioners seeks bail in connection with Ghosi P.S. Case No.237 of 2022 registered for the offence under Sections 147, 148, 149, 341, 323, 324, 307, 337, 338, 379, 354, 504, 506 and 427 of the Indian Penal Code and later on Section 302 of the Indian Penal Code was added subsequently. The accused/petitioners are named in the F.I.R. and are in custody since 14.05.2022.

The allegation against the petitioners is to assault

Patna High Court CR. MISC. No.64412 of 2022(2) dt.13-12-2022 2/3 informant and others, alongwith other co-accused persons by lathi, rod etc., and also by pelting stones due to enmity arising out of community clash, over local issues raised during the marriage party.

Learned counsel appearing on behalf of the petitioners submitted that occurrence is of free fight, receiving injuries by both parties, where petitioners' side also lodged case, which has been registered as Ghosi P.S. Case No.238 of 2022. It is also submitted that from the bare perusal of F.I.R. the allegation of fatal assault is available against co-accused, namely, Ajit Mochi, Anand Mochi and Ranjit Mochi, not against these petitioners. 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 appearing on behalf of the State, opposes the prayer for bail.

In view of the facts and circumstances as mentioned above as allegation of fatal assault is not available against these petitioners, where maximum allegation appearing to be the part of the mob coupled with the fact that chargesheet has already submitted, let above named four petitioners are directed to be

Patna High Court CR. MISC. No.64412 of 2022(2) dt.13-12-2022 3/3 released on bail in connection with Ghosi P.S. Case No.237 of 2022 on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Sessions Judge, Jehanabad/concerned court, subject to the conditions as mentioned under Section 437(3) of the Cr.P.C.

(Chandra Shekhar Jha, J) S.Tripathi/- U T