Ramnaresh Singh v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.138 of 2023 Arising Out of PS. Case No.-47 Year-2022 Thana- FESHAR District- Aurangabad ====================================================== RAMNARESH SINGH Son of Late Ramraj Singh R/v- Basidiha, P.S.- Phesar, District- Aurangabad (Bihar) ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Dinu Kumar Mr.Vardaan Manualam Ms.Ritika Rani For the Opposite Party/s :
Mr.Shyam Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 07-04-2023 Heard learned counsel for the parties.
The petitioner apprehends his arrest in a case registered for the offence under Sections 147, 148, 323, 325, 307, 504, 506/34 and 302 of the Indian Penal Code. On 12.04.2022 at about 3:00 PM, while the brotherin-law of informant was doing some earthing in electricity in the private school, the F.I.R. named accused persons including this petitioner, armed with weapons came and objected for the said work, but when the same was resisted, co-accused Diwakar Kumar gave several khanti blows on the stomach and chest of brother-in-law of informant. It is further alleged that other accused persons also assaulted him on account of which he suffered multiple injuries. It is further alleged that petitioner
Patna High Court CR. MISC. No.138 of 2023(2) dt.07-04-2023 2/3 alongwith other named accused assaulted the informant when he intervened to save his brother-in-law. During course of treatment, the brother-in-law of informant died. It is submitted on behalf of petitioner that from bare perusal of the F.I.R., it is evident that specific accusation has been levelled against co-accused Diwakar Kumar. So far as this petitioner is concerned, there is general and omnibus allegation of assault. It is further submitted that there is counter version of the present occurrence being Fesar P.S. Case No. 48 of 2022, which was registered by grandson of the petitioner on 13.04.2022 itself.
It is lastly submitted that similarly situated coaccused namely Ravindra Kumar Ravi has already been granted anticipatory bail by a coordinate Bench of this Court, vide order dated 15.11.2022 passed in Cr.Misc. No. 43706 of 2022, whereas one co-accused Rameshwar Singh has been granted regular bail by a coordinate Bench of this Court, vide order dated 16.12.2022 passed in Cr.Misc. No. 55038 of 2022. Petitioner has got clean antecedent.
Learned A.P.P. for the State has opposed the prayer for anticipatory bail.
Considering the aforesaid facts and circumstances, in the event of arrest/surrender within a period of six weeks from
Patna High Court CR. MISC. No.138 of 2023(2) dt.07-04-2023 3/3 today, let the above named petitioner be enlarged on bail on furnishing bail-bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned C.J.M., Aurangabad in connection with Phesar P.S. Case No. 47 of 2022, subject to condition as laid down under Section 438(2) of the Code of Criminal Procedure.
(Prabhat Kumar Singh, J) anay/- U T