Dhirendra Kumar Ravi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.83379 of 2019 Arising Out of PS. Case No.-436 Year-2019 Thana- SITAMARHI District- Sitamarhi ====================================================== DHIRENDRA KUMAR RAVI Son of Ramdeo Mahto Resident of VillageBhairo Kothi Katta Chauk, P.S. and District - Sitamarhi. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Virendra Kumar For the Opposite Party/s :

Mr.Harendra Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 04-06-2020 Due to COVID-19 Pandemic, the matter is being taken up by way of Virtual Court proceeding.

The matter has been listed under the heading 'For Orders' under the orders of Hon'ble the Chief Justice. Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in a case instituted for the offences under Sections 341, 342, 323, 307 and 34 of the Indian Penal Code but charge-sheet was submitted under sections 341, 342, 323, 504 and 304 of the Indian Penal Code. The prosecution case in short is that an alarm chorchor was raised and thereafter the victim was assaulted by the accused persons treating him as a thief due to which he sustained injury and later died.

Patna High Court CR. MISC. No.83379 of 2019(4) dt.04-06-2020 2/3 It has been submitted on behalf of the petitioner that the petitioner is in custody since 11.8.2019 and has got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioner. Charge-sheet has been submitted in the present case. The petitioner has falsely been implicated in the present case. Vide Annexure-2 to the present application, a case was instituted on the alleged date of occurrence by the accused side for an offence under section 380 I.P.C. A theft was committed in the house of accused persons. A thief was apprehended in course of occurrence and was assaulted. Later, in course of treatment, the said thief died. For the said reason, the police submitted charge-sheet for an offence under section 304 IPC and other allied sections of the Indian Penal Code.

On behalf of the State, it is submitted that the petitioner is named in the F.I.R.

Considering the facts and circumstances of the case and also the lockdown, the petitioner above named, is directed to be released on bail on his personal bond to the satisfaction of learned Chief Judicial Magistrate, Sitamarhi in connection with Sitamarhi P.S. Case No. 436 of 2019.

Once the normalcy is restored, the petitioner shall

Patna High Court CR. MISC. No.83379 of 2019(4) dt.04-06-2020 3/3 furnish bail bonds of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each within a period of four weeks to the satisfaction of the Court concerned in connection with the aforesaid case.

(Sudhir Singh, J) Pankaj/- U T