Patna High CourtCR. MISC./82508/2023bail granted

Ravi Singh v. The State Of Bihar

2024-03-11Mr. Justice Ramesh Chand Malviya3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.82508 of 2023 Arising Out of PS. Case No.-231 Year-2021 Thana- SARMERA DistrictNalanda ====================================================== RAVI SINGH Son of Shiv Kumar Singh R/o village - Gova Chak, P.S. - Sarmera, District - Nalanda ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Anil Kumar Singh, Advocate For the Opposite Party/s :

Mr. Arun Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND MALVIYA ORAL ORDER 11-03-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. In the present case, the petitioners seek bail in connection with Sarmera P.S. Case No.231 of 2021, registered for the alleged offence under Sections 147, 148, 149, 341, 323, 324, 307, 326 of the Indian Penal Code and Section 27 of the Arms Act.

3. As per the prosecution case, the husband and one of his relatives were fired upon by the petitioners and other coaccused persons. The occurrence took place in the background that the informant married with the victim Kishmish Kumar against the wishes of her family members and the accused persons are stated to be relatives from her parental

Patna High Court CR. MISC. No.82508 of 2023(4) dt.11-03-2024 2/3 relationship.

4. The learned counsel appearing on behalf of the petitioners submits that the petitioner is innocent and has been falsely implicated in this case. There is general and omnibus allegations against him along with other co-accused persons. However, during investigation, it came to the knowledge that the co-accused Lalo Singh and Ravi Singh fired upon victims Kishmish Kumar and Dablu Kumar, respectively and none of the victims named the petitioner for opening fire on them. Both the victims have recovered. The petitioner is in custody since 03.10.2023. The petitioner has no criminal antecedent. Similarly situated co-accused persons have already been granted bail by co-ordinate Benches of this Court in Cr. Misc. Nos. 12771 of 2022 and 18839 of 2023 vide orders dated 31.08.2022 and 14.06.2023.

5. Learned APP for the State opposes the prayer for bail of the petitioner.

6. Having regard to the facts and circumstances and submissions made hereinabove and considering the fact the specific allegation of firing on the victims has come against the co-accused Lalo Singh and Ravi Singh and not against the

Patna High Court CR. MISC. No.82508 of 2023(4) dt.11-03-2024 3/3 petitioner and also considering the period of custody of the petitioner as well as clean antecedents, the petitioner is directed to 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 Chief Judicial Magistrate, Nalanda at Biharsharif, in connection with Sarmera P.S. Case No. 231 of 2021, subject to the following conditions: (i) One of the bailors will be the close relative of the petitioners.

(ii) The petitioners will remain present on each and every date fixed by the court below.

(iii) In case of absence on three consecutive dates or in violation of the terms of the bail, the bail bond of the petitioners will be liable to be cancelled by the court concerned.

(Ramesh Chand Malviya, J) saurabhkr/- U T