Raju Kumar Singh vs State Of Bihar

Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in Riga PS Case No. 07 of 2019 dated 05.01.2019 instituted under Sections 447, 341, 323, 324, 307, 504, 506, 34 and 302 of the Indian Penal Code.

The allegation against the petitioner and three others is of assaulting the deceased leading to his death.

Learned counsel for the petitioner submitted that there is general and omnibus allegation of assault against the petitioner by hard, blunt substance whereas it is specific of blow on the head by garasa by another co-accused. It was submitted that there was no intention to kill and from the FIR itself, it is clear that the incident occurred on the spur of the moment without any pre- meditation. Learned counsel submitted that the petitioner is in custody since 26.04.2019. He produced before the Court copy of order dated 16.10.2019 passed in Criminal Miscellaneous No. 45005 of 2019 by which co-accused Sonu Kumar @ Sonu Kumar Singh has been granted bail by a coordinate Bench of this Court.

Learned APP, from the case diary, submitted that there is allegation of assault against the petitioner also. However, he was not in a position to controvert that against the petitioner, the allegation is general and omnibus whereas against the other co- accused, it is specific of hitting on head by garasa.

Considering the facts and circumstances of the case and submissions of learned counsel for the parties, let the petitioner be released on bail on furnishing bail bonds of Rs. 25,000/- (Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned Judicial Magistrate, 1st Class, Sitamarhi in Riga P S Case No. 07 of 2019.

One of the bailors shall be a close relative of the petitioner. The petitioner and the bailors shall execute bond with regard to good behaviour of the petitioner. The petitioner shall also give an undertaking to the Court that he shall not indulge in any criminal activity. Any violation of the terms and conditions of the bonds or the undertaking shall lead to cancellation of his bail bonds. The petitioner shall cooperate in the case and be present before the Court on each and every date. Failure to cooperate or appear on two consecutive dates, without sufficient cause, shall also lead to cancellation of his bail bonds.