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Patna High CourtCR. MISC./85527/2024bail rejected

Ravi Ranjan Verma v. The State Of Bihar

2024-12-06Mr. Justice Partha Sarthy3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.85527 of 2024 Arising Out of PS. Case No.-257 Year-2023 Thana- BIHIA District- Bhojpur ====================================================== Ravi Ranjan Verma S/O Late Barmeshwarnath Verma Resident of VillageKharauni, P.S. Bihiya, District- Bhojpur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr.Narendra Kumar Singh,APP For the Informant :

Kumar Gautam, Advocate Mr. Girish Chandra Jha, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 06-12-2024

1. Heard learned counsel for the parties.

2. The petitioner has preferred this application for grant of regular bail in connection with Bihiya P.S Case no.257 of 2023 registered under sections 302 and 34 of the Indian Penal Code and section 27 of the Arms Act.

3. As per the prosecution case, the informant states that while he was sitting at his agricultural land, ten named accused persons including the petitioner came. On the orders Shyamakant Verma and Amar Kumar Sinha, Amar Kumar Sinha fired from his pistol hitting his brother. Thereafter while Amar Kumar Sinha caught hold of the informant, Shyamakant Verma caught Vishnu Kumar Pandey. It is further stated that while Bipin Kumar Singh fired on Shamsher Jung, the petitioner

Patna High Court CR. MISC. No.85527 of 2024(2) dt.06-12-2024 2/3 herein started to jump on Shamsher Jung who had fallen down. Saurabh Kumar Sinha attempted to fire on the informant but the informant caught hold of his hand as a result of which the fire went in the air. Shamsher Jung died in the occurrence.

4. Learned counsel for the petitioner submits that the petitioner has been falsely implicated in the case. There is no allegation of firing so far as this petitioner is concerned. The allegation of this petitioner jumping on the deceased is false and incorrect and the same is not supported from the injury/postmortem report. The petitioner is in custody since 26.4.2024.

5. The application for bail is opposed by learned A.P.P for the State who submits that petitioner has as many as seven antecedents against him, details of which has been given in paragraph no. 3 of the petition.

6. Learned counsel appearing for the informant submits that not only the petitioner is named in the F.I.R but there is direct allegation of overt act against him. The application for bail of the co-accused have already been rejected by this Court.

7. Having heard learned counsel for the parties and taking into consideration the allegations in the FIR leading to

Patna High Court CR. MISC. No.85527 of 2024(2) dt.06-12-2024 3/3 the death of Shamsher Jung, the Court is not inclined to enlarge petitioner on bail and the application is rejected.

8. Taking into consideration that there is no allegation of firing so far as this petitioner is concerned, liberty is granted to the petitioner to renew his prayer for bail in case the trial is not concluded in the learned trial Court within a period of 9 months for no fault of this petitioner. (Partha Sarthy, J) Harsh/- U T