Ram Pravesh Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.68427 of 2024 Arising Out of PS. Case No.-48 Year-2024 Thana- BISHANPUR District- Darbhanga ====================================================== 1.

Ram Pravesh Singh Son of Gaya Singh R/o Vill.- Kali, P.S.- Bishanpur, Dist.- Darbhanga.

2.

Ram Bharos Singh Son of Gaya Singh R/o Vill.- Kali, P.S.- Bishanpur, Dist.- Darbhanga.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Shardanand Mishra, Advocate Mr. Deepak Kumar, Advocate For the State :

Mr. Syed Ehteshamuddin, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA KUMAR ORAL ORDER 18-01-2025 Heard Ld. counsel for the petitioners and Ld. APP for the State.

2. The petitioners seek bail, apprehending their arrest, in connection with Bishunpur Chowk P.S. Case No. 48 of 2024 dated 10.05.2024, registered for the offences punishable under Sections 341, 323, 307, 379, 504 and 506/34 of the Indian Penal Code.

3. As per allegation, the petitioners along with other co-accused have assaulted the informant and her son by tengari, lathi and katta, causing injury on their head.

4. Ld. counsel for the petitioners submits that the Petitioners are innocent and have falsely been implicated in this

Patna High Court CR. MISC. No.68427 of 2024(3) dt.18-01-2025 2/3 case. He further submits that as a matter of fact, there is land dispute between the two sides and altercation had taken place on account of the land dispute in which both sides have got injury and both sides have filed case and counter case. The case is filed by the petitioners side against the informant side is Bishunpur Chowk P.S. Case No. 47 of 2024.

5. It is also stated in paragraph no. 2 of the bail petition that the petitioners have not moved this Court earlier either for anticipatory bail or regular one in the instant case.

6. It has further been stated in paragraph no.3 of the bail petition that the petitioners have no criminal antecedent.

7. However, Ld. APP for the State vehemently opposes the prayer of the Petitioners for bail.

8. Considering the aforesaid facts and circumstances particularly the case and counter case, this petition is allowed, directing the petitioners, above-named, to be enlarged on bail, in the event of their arrest or surrender before the court below within a period of eight weeks from the date of receipt / production of a copy of this order, on their furnishing bail bonds in the sum of Rs. 10,000/- (Ten Thousand) each with two sureties of the like amount each to the satisfaction of Ld. Chief Judicial Magistrate, Darbhanga, in connection with Bishunpur

Patna High Court CR. MISC. No.68427 of 2024(3) dt.18-01-2025 3/3 P.S. Case No. 48 of 2024, subject to the conditions as laid down under Section 438 (2) Cr.P.C. and on the following conditions: (i) In case, it is brought to the notice of the court below that the petitioners have any criminal antecedents, Ld. court below shall cancel the bail bonds of the petitioners after hearing them and getting satisfied that the petitioners have concealed their criminal antecedents despite their knowledge of the same.

(ii) In case, it is brought to the notice of the court below that statement regarding previous bail petition is wrong, Ld. court below shall cancel the bail bonds of the petitioners. (Jitendra Kumar, J.) ravishankar/- U T