Mahesh Ravidas v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.73467 of 2022 Arising Out of PS. Case No.-92 Year-2020 Thana- KAUWAKOL District- Nawada ====================================================== Mahesh Ravidas S/o Shivbalak Ravidas R/o Village- Sokho Devra, Tola Shivpur, P.S.- Kawakol, Distt- Nawada.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Pramod Kumar Verma, Advocate For the Opposite Party/s :

Mr.Gulnar Begum, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 20-03-2023 Heard learned counsel appearing on behalf of the petitioner and learned APP appearing on behalf of the State. Let the defect(s), if any, be removed within a period of four weeks from today.

The petitioner seeks bail in connection with Kawakole P.S. Case No. 92 of 2020 registered for the offence under Sections 147, 148, 149, 341, 323, 324, 447, 448, 302, 307 and 504 of the Indian Penal Code.

The accused/petitioner is named in the F.I.R. and is in custody since 31.07.2022.

The allegation against the petitioner is to commit murder of two (2) brothers of informant, along with other sixteen (16) named co-accused persons, due to previous enmities arises out of local dispute and differences.

Patna High Court CR. MISC. No.73467 of 2022(2) dt.20-03-2023 2/3 Learned counsel appearing on behalf of the petitioner submitted that allegation against the petitioner is appearing very much general and omnibus on its face, as per FIR. It is submitted that only two external injuries were noticed upon the deceased, which appears non-convincing on its face in the background of allegation that deceased were assaulted by 17 persons. It is further submitted that similarly situated co-accused persons have already been granted bail by one of the learned Co-ordinate Bench of this Court through Cr. Misc. No. 28997 of 2020 vide order dated 21.12.2020. While concluding the argument, it is submitted that petitioner is a man of clean antecedent and, moreover, investigation of this case is complete, for which, charge-sheet has been submitted, as such, there is no chance of tampering with the evidence.

Learned APP opposes the prayer of bail.

In view of the facts and circumstances as mentioned above, as allegation as regard to assault against the petitioner is very much general and omnibus, where petitioner is a man of clean antecedent coupled with the fact that charge-sheet has already been submitted, let the petitioner, above named, is directed to be released on bail in connection with Kawakole P.S. Case No. 92 of 2020 on furnishing bail bond of Rs.10,000/-

Patna High Court CR. MISC. No.73467 of 2022(2) dt.20-03-2023 3/3 (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate-IV, Nawada/concerned Court, subject to the conditions as laid down u/s 437(3) of the Cr.P.C. (Chandra Shekhar Jha, J) R.S.Sen/- U T