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Patna High CourtCR. MISC./80663/2024allowed

Dipu Kumar @ Dipu Keshri v. The State Of Bihar

2025-02-04Mr. Justice Ashok Kumar Pandey4 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.80028 of 2024 Arising Out of PS. Case No.-354 Year-2024 Thana- SIKARPUR District- West Champaran ====================================================== Ramesh Kumar Keshri @ Bolbam Keshri Son of Vipin Prasad Keshri @ Vipin Kumar Keshri @ Bipin Keshri R/O Ward No. 15, Masjid Road Narkatiyaganj, P.S.- Shikarpur, District- West Champaran ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== with CRIMINAL MISCELLANEOUS No. 80663 of 2024 Arising Out of PS. Case No.-354 Year-2024 Thana- SIKARPUR District- West Champaran ====================================================== Dipu Kumar @ Dipu Keshri Son of Vipin Prasad Keshri @ Vipin Kumar Keshri @ Bipin Keshri Resident of Ward No. 15, Masjid Road, Narkatiyaganj, P.S.- Shikarpur, District- West Champaran ... ... Petitioner/s

Versus

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

(In CRIMINAL MISCELLANEOUS No. 80028 of 2024) For the Petitioner/s :

Mr.Bimlesh Kumar Pandey, Advocate For the Opposite Party/s :

Mr.Dashrath Mehta, APP (In CRIMINAL MISCELLANEOUS No. 80663 of 2024) For the Petitioner/s :

Mr.Bimlesh Kumar Pandey, Advocate For the Opposite Party/s :

Mr.Dashrath Mehta, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY ORAL ORDER 04-02-2025 Heard learned counsel for the petitioners and learned APP for the State.

2. The petitioners have prayed for grant of bail in connection with Shikarpur P.S. Case No. 354 of 2024 registered under section 302 of the Indian Penal Code.

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3. The case of the prosecution is that there was a dispute between the informant and the accused persons regarding visit of the customers in the shop. It is further alleged that on 25.05.2024 Bipin Kumar Keshri assaulted with wooden stick to the son of the informant after this, Bolbam Keshri the petitioner @ Ramesh Kumar Keshri along with his mother and Dipu Keshri assaulted with iron rod. When the husband of the informant and informant went to rescue, they also started assaulting them, they anyhow rescued their son and allowed him to sleep and about 12:00 P.M. they took their son at a government hospital where he was declared dead.

4. Learned counsel for the petitioners submitted that the offence is in two parts. In first part, there is specific allegation against Bipin Kumar that he has assaulted with wooden stick to the informant's son and in second part rest of the family members are made accused and it is alleged that they have assaulted with iron rod. Learned counsel for the petitioners has submitted that from FIR itself, it is clear that the victim was not having any visible injuries that is why he was not rushed to the hospital after the occurrence rather his family waited till 12 P.M. till then he was sleeping. It is also submitted that the nature of allegation in second part is general and omnibus. From

3/4 perusal of the postmortem report, it is clear that the victim has abrasion wound and also there was wound on left elbow and on left side as well he was having a wound. Further, learned counsel for the petitioners has submitted that the occurrence is of 25.05.2024 and FIR has been filed on 28.05.2024, it is clear that the nature of allegation against these petitioners is general and omnibus and the fact that the victim was allowed to sleep till 12 P.M. creates doubt. A statement has been made in para-3 of this petition that the petitioners have got no criminal antecedent. Moreover, they are languishing in judicial custody since 04.09.2024.

5. The application for bail is opposed by learned APP for the State and learned counsel for the informant. Further, learned counsel for the informant has submitted that earlier also, the victim was assaulted by the petitioners and for which he had filed a Sanha.

6. Having heard learned counsel for the parties and considering the facts and circumstances of this case as well as the custody of the petitioners, the Court is inclined to enlarge the petitioners on bail. The above named petitioners are directed to be enlarged on bail in connection with Shikarpur P.S. Case No. 354 of 2024 on each of them furnishing bail bond of Rs.

4/4 10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of the learned A.C.J.M. 6th Bettiah, West Champaran.

(Ashok Kumar Pandey, J) Shubham/- U T