Ram Pravesh Singh Vs The State of Bihar — Patna HC (2024) — LawSathi Research

Ram Pravesh Singh Vs The State of Bihar — Patna HC (2024) — LawSathi Research

What the court decided

AI extract

Outcome

Petitioner enlarged on regular bail in Fatuha P.S. Case No. 266 of 2023 on furnishing bail bond of Rs. 10,000 (Rupees Ten Thousand) with two sureties of the like amount each, to the satisfaction of the learned Additional Chief Judicial Magistrate Ist, Patna City, District Patna.

Issue for consideration

Whether the petitioner, arraigned in Fatuha P.S. Case No. 266 of 2023 (Sections 307, 354, 323, 341, 379, 504, 506, 34 IPC and Section 27 Arms Act) and in custody since 5.12.2023, should be enlarged on regular bail.

Court's answer

Taking into consideration the allegation in the F.I.R., the petitioner's custody since 5.12.2023, the fact that the charge-sheet has been submitted, and that the petitioner has no criminal antecedent, bail was considered appropriate.

Ratio / Principle

The petitioner is directed to be enlarged on regular bail in Fatuha P.S. Case No. 266 of 2023 on furnishing a bail bond of Rs. 10,000 (Rupees Ten Thousand) with two sureties of the like amount each, to the satisfaction of the learned Additional Chief Judicial Magistrate Ist, Patna City, District Patna.

Detailed headnote1 paragraphs

Patna High Court (Partha Sarthy, J.), Criminal Miscellaneous No. 23682 of 2024, oral order dated 20-03-2024: Regular bail granted to Ram Pravesh Singh (S/o Late Kesho Singh, r/o Village Gawaspur Varuna, P.S. Fatuha, District Patna) in Fatuha P.S. Case No. 266 of 2023, registered under Sections 307, 354, 323, 341, 379, 504, 506 and 34 of the Indian Penal Code and Section 27 of the Arms Act. Bail granted taking into account the F.I.R. allegation (alleged molestation of lady members of the informant's family and firing by Laddu Singh on the orders of Anil Kumar, injuring the informant on the left thigh), the petitioner's custody since 5.12.2023, submission of the charge-sheet, and absence of criminal antecedents; bail bond of Rs. 10,000 with two sureties of like amount each to the satisfaction of the Additional Chief Judicial Magistrate Ist, Patna City, District Patna. Application allowed; no impugned prior order; no precedents discussed.

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.23682 of 2024

Arising Out of PS. Case No.-266 Year-2023 Thana- FATUA District- Patna

======================================================

Ram Pravesh Singh, S/o Late Kesho Singh, R/o Village- Gawaspur Varuna, P.S.- Fatuha, District-Patna

... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Vijay Anand, Advocate Mr. Roop Kishan Advocate Mr. Mohit Kumar, Advocate For the Opposite Party/s : Mr. Rajendra Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY

ORAL ORDER

2 20-03-2024

Heard learned counsel for the parties.

The petitioner has preferred this application for

grant of regular bail in connection with Fatuha P.S. Case no. 266 of 2023 registered under sections 307, 354, 323, 341, 379, 504, 506 and 34 of the Indian Penal Code and section 27 of the Arms Act.

As per the prosecution case, the five named accused persons including the petitioner herein are said to have misbehaved with the lady members of the informant’s family. On the informant telling them not to do so, it is stated that the accused persons came variously armed and on the orders of Anil Kumar, Laddu Singh fired from his pistol causing injuries to the informant on his left thigh. Others also resorted to firing with

Patna High Court CR. MISC. No.23682 of 2024(2) dt.20-03-2024 2/2

their pistols.

Learned counsel for the petitioner submits that the petitioner has been falsely implicated in the case. No such occurrence as alleged in the F.I.R. has taken place. Even as per the allegations, the firing leading to injury on the informant is specific on Laddu Singh. The petitioner is in custody since 5.12.2023 and has no criminal antecedent.

The application for bail is opposed by learned A.P.P. for the State.

Having heard learned counsel for the parties and taking into consideration the allegation in the F.I.R., the petitioner being in custody since 5.12.2023, charge-sheet having been submitted in the case and the petitioner not having any criminal antecedent, the petitioner is directed to be enlarged on bail in connection with Fatuha P.S. Case no. 266 of 2023 on furnishing bail bond of Rs.10,000/ (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Chief Judicial Magistrate I^st , Patna City, District Patna.

(Partha Sarthy, J)

avinash/-

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