Prem Ranjan Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.3241 of 2023 Arising Out of PS. Case No.-172 Year-2022 Thana- KARAKAT District- Rohtas ====================================================== PREM RANJAN KUMAR Son of Dinesh Singh @ Dinesh Prasad Singh R/vItadhiya, P.S.- Karakat, District- Rohtas ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Rajani Kant Singh, Advocate For the Opposite Party/s :

Mr. Rajiv Nayan, A.P.P.

For the informant :

Mr. Umesh Narayan Dubey, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 01-05-2023 Heard learned counsel for the petitioner, learned counsel for the informant and learned Additional Public Prosecutor for the State.

Petitioner seeks bail, who is in custody since 18.09.2022 in connection with Karakat P.S. Case No. 172 of 2022, F.I.R. dated 17.09.2022 for the offences punishable under Sections 147, 148, 149, 341, 323, 504, 506 and 302 of the Indian Penal Code.

According to prosecution case, all the F.I.R. named accused persons including the petitioner forcefully entered into the house of the informant and they assaulted her mother Reshma Devi by means of bricks, stones and lathi due to which she sustained serious injuries and during course of treatment

2/4 informant's mother Reshma Devi has died.

Learned counsel for the petitioner submits that petitioner has clean antecedent and he has falsely been implicated in the present case. He further submits that the petitioner and the informant are agnates and due to previous land dispute the petitioner has falsely been implication in the present case. He further submits that the allegation as alleged in the F.I.R. is that the petitioner and other co-accused persons forcefully entered into the house of the informant and they assaulted her mother Reshma Devi by means of bricks, stones and lathi due to which she sustained serious injuries and during course of treatment informant's mother Reshma Devi has died. He further submits that bare perusal of the F.I.R.

it transpired that there is general and omnibus allegation against all the accused persons including the petitioner and there is no specific allegation of any assault or overt-act is attributed against the petitioner. He further submits that the police after investigation submitted the charge sheet against the petitioner and the petitioner is in judicial custody since 18.09.2022. The learned counsel for the informant and learned Additional Public Prosecutor for the State have vehemently opposed the prayer for bail of the petitioner.

3/4 Considering the aforesaid facts and circumstances, let the petitioner, above named, be released on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Chief Judicial Magistrate 1st, Bikramganj, Rohtas in connection with Karakat P.S. Case No. 172 of 2022, subject to the following conditions:-

1. Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the court and shall remain physically present as directed by the court and on his absence on two consecutive dates without sufficient reason, his bail bond shall be cancelled by the Court below.

2. If the petitioner tampers with the evidence or the witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail.

3. And further condition that the court below shall verify the criminal antecedent of the petitioner and in case at any stage it is found that the petitioner has concealed his criminal antecedent, the court below shall take step for cancellation of bail

4/4 bond of the petitioner. However, the acceptance of bail bonds in terms of the above-mentioned order shall not be delayed for purpose of or in the name of verification.

(Rajesh Kumar Verma, J) mdrashid/- U T