Ramesh Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.73391 of 2019 Arising Out of PS. Case No.-32 Year-2019 Thana- KACCHWA District- Rohtas ====================================================== RAMESH SINGH Son of Bharat Singh Resident of Village - Kanchan Tola, P.S.- Kachhawan, District - Rohtas.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Bhaskar Shankar For the Opposite Party/s :

Mr.Vinod Shanker Modi ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 19-11-2019 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in a case instituted for the offences under Sections 302, 307, 341, 323, 34 of the Indian Penal Code and 27 of the Arms Act.

The prosecution case in short is that the accused persons variously armed came to his house and assaulted his father due to which he sustained injury and later succumbed to the injury.

It has been submitted on behalf of the petitioner that the petitioner is in custody since 14.6.2019 and has got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioner. Charge-sheet has been submitted in the present case. The petitioner has falsely been

Patna High Court CR. MISC. No.73391 of 2019(2) dt.19-11-2019 2/2 implicated in the present case. There is a case and counter case between the parties. Both the parties are agnates. Due to petty reasons, the alleged occurrence has taken place. Charge-sheet has been submitted for an offence under section 304 IPC along with other allied sections of I.P.C. The petitioner is alleged to have used the butt of the gun for assaulting upon the head of the deceased. As per post-mortem report, there is no external injury on the head of the deceased. The use of the butt of the gun by the petitioner itself is sufficient to show that petitioner had no intention to commit murder.

On behalf of the State, it is submitted that the petitioner is named in the F.I.R.

Considering the aforesaid facts and circumstances, it is directed that the petitioner, above named, be released on bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned A.C.J.M. -II, Bikramganj, Rohtas in connection with Kachhawan P.S. Case No. 32/2019.

(Sudhir Singh, J) Pankaj/- U T