The Patna High Court granted regular bail to the petitioner in a criminal case involving attempted murder and criminal intimidation, finding no specific overt acts alleged against him beyond his presence.
Direction for release of the petitioner on regular bail on furnishing bonds of Rs. 10,000/- with two sureties.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.50165 of 2022
Arising Out of PS. Case No.-36 Year-2022 Thana- CHARPOKHARI District- Bhojpur
======================================================
RAVINDRA SINGH SON OF LATE HAKIM SINGH R/O VILLAGEDULAUR TOLA SEMRAOH, P.S.- CHARPOKHARI, DIST.- BHOJPUR
... ... Petitioner/s
Versus
THE STATE OF BIHAR
... ... Opposite Party/s
====================================================== Appearance : For the Petitioner/s : Mr.Amarendra Kumar For the Opposite Party/s : Mr.Shailendra Kumar Singh ======================================================
CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER
2 09-12-2022
Heard the learned counsel for the petitioner and the learned APP for the State.
The petitioner seeks regular bail in connection with Charpokhari P.S. Case No. 36/2022, registered for the offence punishable under Sections 307, 506/34 of the Indian Penal Code and Section 27 of the Arms Act.
The allegation is regarding the accused persons having arrived at the house of the informant on the alleged date and time of occurrence when he was sleeping in the night and on account of noise being made by them, the informant is stated to have woken up, whereupon
Patna High Court CR. MISC. No.50165 of 2022(2) dt.09-12-2022 2/4
he saw the accused persons including the petitioner herein standing at the door of his house, whereafter they had threatened the informant to withdraw the case in question failing which they would kill him, however, the informant had refused to do so, whereupon the co-accused person, namely, Baban Singh, started firing from his country made pistol resulting in the informant receiving gunshot injuries.
The learned counsel for the petitioner has submitted that the petitioner is innocent, he has been falsely implicated in the present case and he is languishing in custody since 21.5.2022. The learned counsel for the petitioner has further submitted that though the petitioner is an accused in one other case, but he is on bail in the said case. It is also submitted that there is no allegation of any sort of specific overt act qua the petitioner herein and the petitioner has not even been alleged to have assaulted the informant much less fired any gunshots on him. It is further submitted that a general and
Patna High Court CR. MISC. No.50165 of 2022(2) dt.09-12-2022 3/4
omnibus allegation has been levelled as far as the accused persons are concerned, except the co-accused person, namely, Baban singh.
Per contra, the learned APP for the State has vehemently opposed the prayer for bail.
Having regard to the facts and circumstances of the case, considering the submissions made by the learned counsel for the petitioner and taking into account the materials available on record, this Court finds that as far as the petitioner is concerned, there is no allegation of him having engaged in any sort of overt act, apart from the fact that he is languishing in custody since 21.5.2022 and is having a fair antecedent inasmuch as he is an accused in only one another case in which he is on bail, hence, I deem it fit and proper to direct for release of the petitioner on regular bail.
Accordingly, the above named petitioner is directed to be enlarged on bail on furnishing bail bonds of Rs. 10,000/- (rupees ten thousand) with two sureties of the like amount each to the
Patna High Court CR. MISC. No.50165 of 2022(2) dt.09-12-2022 4/4
satisfaction of learned Chief Judicial Magistrate, Bhojpur, Ara in connection with Charpokhari P.S. Case No. 36/2022.
(Mohit Kumar Shah, J)
Ajay/-
U
2 issues framed by the court
Whether the petitioner, accused of attempted murder and criminal intimidation, is entitled to regular bail given the lack of specific overt acts alleged against him.
Whether the general and omnibus allegations against other co-accused constitute a bar to granting the petitioner bail.
RAVINDRA SINGH
THE STATE OF BIHAR
MOHIT KUMAR SHAH
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
