Patna High Court - Orders
Ravi Kumar Singh vs The State Of Bihar on 28 January, 2025
Author: Rajiv Roy
Bench: Rajiv Roy
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL APPEAL (SJ) No.4937 of 2024
Arising Out of PS. Case No.-287 Year-2021 Thana- SONEPUR District- Saran
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1. Ravi Kumar Singh Son of Sudeshwar Singh R/o vill - Kharika (Ganaga Jal),
P.S. - Sonepur, Distt.- Saran at Chapra
2. Tipu @ Sunny Kumar Singh S/o Sudeshwar Singh R/o vill - Kharika
(Ganaga Jal), P.S. - Sonepur, Distt.- Saran at Chapra
3. Deepak @ Depu Singh S/o Sudeshwar Singh R/o vill - Kharika (Ganaga
Jal), P.S. - Sonepur, Distt.- Saran at Chapra
... ... Appellant/s
Versus
The State of Bihar ... ... Respondent/s
======================================================
with
CRIMINAL APPEAL (SJ) No. 5115 of 2024
Arising Out of PS. Case No.-287 Year-2021 Thana- SONEPUR District- Saran
======================================================
1. Rohit Kumar @ Rohit Kumar Singh S/o- Ashok Singh @ Ashok Kumar
Singh Village- Kharika, P.S.- Sonepur, Pahleja O.P., District- Saran
2. Golu Kumar @ Naveen Kumar @ Navin Kumar Singh S/o- Dilip Kumar @
Dilip KUmar Singh Village- Kharika, P.S.- Sonepur, Pahleja O.P., District-
Saran
3. Dilip Kumar @ Dilip Kumar Singh S/o- Late Paras Singh Village- Kharika,
P.S.- Sonepur, Pahleja O.P., District- Saran
4. Ashok Singh @ Ashok Kumar Singh S/o- Late Raj Kishor Singh Village-
Kharika, P.S.- Sonepur, Pahleja O.P., District- Saran
... ... Appellant/s
Versus
The State of Bihar ... ... Respondent/s
======================================================
Appearance :
(In CRIMINAL APPEAL (SJ) No. 4937 of 2024)
For the Appellant/s : Mr. Pushkar Narain Shahi, Senior Advocate
Mr. Shivam, Adv.
Ms. Sushmita Mishra, Adv.
For the Respondent/s : Mrs.Abha Singh, Adv.
For the informant : Mrs. Vaishnavi Singh, Adv.
(In CRIMINAL APPEAL (SJ) No. 5115 of 2024)
For the Appellant/s : Mr. Arvind Kumar Mouar, Adv.
Mr.Raj Krishna Jha, Adv.
For the Respondent/s : Mrs.Abha Singh, APP
For the informant : Mr. Manish Chand Gandhi, Adv.
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CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
ORAL ORDER
4 28-01-2025Heard Mr. Pushkar Narain Shahi, learned Senior Counsel for the appellants, learned APP for the State along with Mrs. Vaishnavi Singh, learned counsel for the informant in Cr. Appeal (SJ) No. 4937 of 2024 as also Mr. Arvind Kumar Patna High Court CR. APP (SJ) No.4937 of 2024(4) dt.28-01-2025 2/16 Mouar, learned counsel for the appellants and the State as also and Mr. Manish Chand Gandhi in Cr. Appeal (SJ) No. 5115 of 2024.
Cr. Appeal (SJ) No. 4937 of 2024
2. The aforesaid appeal has been filed against the judgment of conviction dated 23.09.2024 and the order of sentence dated 25.09.2024 passed by Sri Deep Chand Pandey, learned Additional Sessions Judge-X, Saran at Chapra in Session Trial No-390/2022 arising out of Sonepur (Pahleja O.P) P.S case no 287/2021 whereby and whereunder the appellants have been convicted for offences under sections 307, 326, 324, 323 and 34 of the Indian Penal code, for conviction under section 307/34 of IPC the appellants have been sentenced to undergo rigorous imprisonment for a period of 7 years along with fine of Rs 5,000/- with direction that in case of default of payment of fine the appellants would further under go simple Imprisonment for a period of 2 months, for conviction under section 326/34 of IPC the Patna High Court CR. APP (SJ) No.4937 of 2024(4) dt.28-01-2025 3/16 appellants have been sentenced to undergo rigorous imprisonment for a period of 5 years along with fine of Rs with direction that in case of default in payment of fine the appellants would further under go simple imprisonment for a period of 2 months, for conviction under section 324/34 of IPC the appellants have been sentenced to undergo imprisonment for a period of 2 years along with fine of Rs 2,000/- with direction that in case of default in payment of fine the appellants would further under go simple imprisonment for a period of 1 months and for conviction section 323/34 of IPC the appellants have been sentenced to undergo imprisonment for a period of 1 years along with fine of Rs 1,000/- with direction that in case of default in payment of fine the appellants would further under go simple imprisonment for a period of 1 months and it has been directed that all the sentences shall run concurrently. CRIMINAL APPEAL (SJ) No. 5115 of 2024
3. The second memo of appeal has Patna High Court CR. APP (SJ) No.4937 of 2024(4) dt.28-01-2025 4/16 been filed against the judgment of conviction dated 23.09.2024 and order of sentenced dated 25.09.2024 passed by learned Additional Sessions Judge-Xth, Saran at Chapra in connection with Sessions Trial No. 390/2022 arising out of Sonepur (Pahleja O.P.) P.S. Case No. 287/2021 whereby and whereunder the appellants above named hold guilty and the convict persons sentenced to undergo rigorous imprisonment for seven year and fine of Rs. Five Thousand for the offences u/s 307/34 of the Indian Penal Code and in default of payment of payment fine has to undergo simple imprisonment for two months. Further they were sentenced to undergo rigorous imprisonment for five years and fine of Rs. Five Thousand for the offence us 326/34 of the Indian Penal Code and in default of payment of fine shall has to undergo imprisonment for two years and fine of Rs. Two Thousand for the offence u/s 324/34 of the Indian Penal Code and in default of payment of fine shall has to undergo simple imprisonment for one Patna High Court CR. APP (SJ) No.4937 of 2024(4) dt.28-01-2025 5/16 month. Further they sentenced to undergo imprisonment for one year and fine of Rs. One Thousand for offence u/s 323/34 of the Indian Penal Code and in default of payment of fine shall has to undergo simple imprisonment for one month. However, all the aforesaid mentioned sentenced of imprisonment shall run concurrently. But during the course of trial the prosecution has failed to prove his case beyond all reasonable doubt. Hence, for acquittal of appellants his memo of appeal has been filed.
4. Earlier, the appeals were taken up by the Co- ordinate Bench on 05.12.2024, were admitted, Trial Court records called for which have now been received.
5. As per the prosecution story, the informant alleged that on 10.05.2021, when he was returning home, his agnates namely:-
(i) Ashok Kumar Singh, ( Appellant no.4, Cr. Appeal (SJ) No. 5115 of 2024),
(ii) Golu @ Navin Kumar Singh (Appellant no.2, Cr.
Appeal (SJ) No. 5115 of 2024,
(iii) Ravi Kumar Singh ( Appellant no.1, Cr. Appeal Patna High Court CR. APP (SJ) No.4937 of 2024(4) dt.28-01-2025 6/16 (SJ) No. 4937 of 2024)
(iv) Rohit Kumar Singh (Appellant no.1, Cr. Appeal (SJ) No. 5115 of 2024,
(v) Tipu @ Sunny Kumar Singh (Appellant no.2, Cr. Appeal (SJ) No. 4937 of 2024)
(vi) Deepak @ Deepu Singh (Appellant no.3, Cr. Appeal (SJ) No. 4937 of 2024)
(vii) Dilip Kumar Singh (appellant no.3, Cr. Appeal (SJ) No. 5115 of 2024 and one (viii) Rahul Singh.
armed variously stopped and wanted transfer of the land in front of their house. Upon refusal, allegation is that after abuse and manhandling, Ashok Kumar Singh caught hold of the informant from behind and Rahul Singh assaulted on his head with iron rod. Soon, Rohit Kumar assaulted him with a sword on his head and later when his sons, Abhay Kumar and Nirbhay Kumar reached the place, Rohit Kumar attacked and fingers of the right hand of Nirbhay were chopped off and as Abhay tried to save his brother, Ravi Kumar Singh attacked Abhay with knife causing injuries in the thigh and the waist. As the locals arrived, the accused retreated. They were taken to the Sadar Hospital, Hajipur and then Patna Medical College Hospital for the treatment whereafter, the informant got treated Patna High Court CR. APP (SJ) No.4937 of 2024(4) dt.28-01-2025 7/16 in a private Hospital. This led to the FIR.
6. After the investigation of the case and the submission of charge-sheet, cognizance was taken in the matter, charge framed and thereafter, the Trial Court after completion of Trial convicted and sentenced the appellants as under:-
Sl. No. Appellants Sentence Fine
1. Ravi R.l. for 07 years u/s 307/34 of 5,000/-
Kumar
Singh the I.P.C. in default of
2. Tipu @ payment of fine, SI for two 5,000/-
Sunny
Kumar months, R.I. for five years u/s
Singh
326/34 of IPC, in default of 5,000/-
3. Deepak @ Depu payment of fine, SI for two Singh months, imprisonment for two years 2000/-
u/s 324/34 of I.P.C. in default of payment of fine, SI for one month, 1000/-
imprisonment for one year under Section 323/34 IPC, in default of payment of fine, SI for one month.
4. Rohit R.l. for 07 years u/s 307/34 of 5,000/-
Kumar @ Rohit the I.P.C. in default of Patna High Court CR. APP (SJ) No.4937 of 2024(4) dt.28-01-2025 8/16 Kumar payment of fine, SI for two Singh, 5,000/-
months, R.I. for five years u/s 326/34 of IPC, in default of payment of fine, SI for two
5. Golu months, Kumar @ Naveen imprisonment for two years Kumar @ 2,000/-
Nivin u/s 324/34 of I.P.C. in Kumar Singh, default of payment of fine, SI 6. for one month, Dilip Kumar @ imprisonment for one year Dilip 1000/- Kumar under Section 323/34 IPC, in Singh, default of payment of fine, SI 7. and for one month. Ashok Singh @ Ashok Kumar Singh.
7. Learned Senior Counsel representing the appellants submit that the important fact missing in the FIR is that both sides had injuries in which one of the named accused Patna High Court CR. APP (SJ) No.4937 of 2024(4) dt.28-01-2025 9/16 person, namely, Rahul Singh succumbed to the said injuries later. Further, while the FIR relating to the appellants side is numbered as Sonepur (Pahleja O.P.) PS Case No. 249 of 2021 lodged on 11.05.2021, the present FIR was lodged on 30.05.2021( Sonepur (Pahleja O.P) P.S case no 287/2021) and this clearly shows that the other sides were the aggressors.
8. He further submits that though specific allegations are there against Ashok Kumar Singh, Ravi Kumar Singh and Rohit Kumar Singh, the fact remains that only to implicate all the family members, the other accused persons/appellants, namely, Golu @ Navin Kumar Singh, Tipu @ Sunny Kumar Singh, Deepak @ Deepu Singh and Dilip Kumar Singh were also dragged in the FIR.
9. It is his further submission that the informant's family in the present case also stands convicted in the FIR lodged by the appellants and since a death (Rahul Singh) took place, vide an order dated 02.06.2023, Kamlesh Singh and Abhay Singh have been sentenced to undergo imprisonment as follows:-
Sl. No. Appellant Sentence Fine
1. Kamlesh R.l. for life u/s 302/149, 10,000/-
Singh
323/149, 504/149, 147, 148,
and 506/149, 342/149, 325/149 of
Patna High Court CR. APP (SJ) No.4937 of 2024(4) dt.28-01-2025 10/16 the I.P.C. in default of
2. Abhay payment of fine, SI for six Singh months, R.I. for three years u/s 302/149 of IPC in default 3,000/-
of payment of fine, SI for three months, R.I. for one year u/s 323/149, 504/149, 504/149, 147, 148, 506, 342/149 of I.P.C.
10. Learned Senior Counsel submits that there is no likelihood of the appeal being taken up and as such, at best those against whom omnibus allegation of assault is there, sympathetic consideration may be taken as they are young persons.
11. Mr. Manish Chand Gandhi and Mrs. Vaishnavi Singh, learned counsels for the informant oppose the prayer and have taken this Court to the order of the learned Trial Court to show that the prosecution has been consistent in supporting the original FIR inasmuch as Ashok Kumar Singh caught hold of the informant, both Rohit and Rahul gave blows causing injuries not only to the informant but also to his two sons and further there is omnibus allegation of beating attributed to other Patna High Court CR. APP (SJ) No.4937 of 2024(4) dt.28-01-2025 11/16 appellants.
12. Mr. Manish Chand Gandhi further submits that in the case of OMPRAKASH SAHNI v. JAI SHANKAR CHAUDHARY & ANT. ETC (Criminal Appeal Nos. 1331- 1332 of 2023) disposed of on 02.05.2023, the Hon'ble Apex Court in paragraphs 34 and 35 has recorded as follows:-
"34. In the case on hand, what the High Court has done is something Impermissible. High Court has gone into the issues like political rivalry, delay in lodging the FIR, some over writings in the First Information Report etc. All these aspects, will have to be looked into at the time of the final hearing of the appeals filed by the convicts. Upon cursory scanning of the evidence on record, we are unable to agree with the contentions coming from the learned Senior Counsel for the convicts that, either there is absolutely no case against the convicts or that the evidence against them is so weak and feeble in nature, that, in all probabilities the proceedings would terminate in their favour. For the very same reason we are unable to accept the contention coming from the convicts through their learned Senior Counsel that, it would be meaningless, and unjust to keep them behind the bars for a pretty long time till they are found not to be guilty of the charges.
35. In the overall view of the matter, we are convinced that the High Court committed a serious error in suspending the substantive order of sentence of the convicts and their release on bail pending the final disposal of their criminal appeals."
13. He further submits that following the said order, the Patna High Court in PRAMOD SHARMA V. STATE OF Patna High Court CR. APP (SJ) No.4937 of 2024(4) dt.28-01-2025 12/16 BIHAR {(Cr. Appeal (DB) No. 800 of 2019} vide an order dated 17.08.2023 held as follows in para-15:-
"15. In the case of Omprakash Sahni (supra) recently the Hon'ble Supreme Court has specifically observed that the appellate should not re-appreciate the evidence, while dealing prayer under Section 389 of the Cr.P.C. and therefore, we are not inclined to discuss the evidence in details for now, however, suffice to say that the prosecution has prime facie, proved the case against the appellant/accused for commission of offence punishable under Section 304-B of IPC."
14. Learned Senior Counsel, Mr. Shahi rebutting the submissions of learned counsel for the informant has taken this Court to paragraph-12 of the order of OMPRAKASH SAHNI (supra) to show that in that case, the Hon'ble Apex Court held that when an accused stood convicted for a very serious offence like murder, the presumption of innocence would no longer exist and the High Court is expected to be very slow in granting bail. He submits that, here, it is the appellants on whose side, Rahul Singh was killed. The informant's side succeeded in getting relief for one of their members namely, Kamlesh Singh in Cr. Appeal (DB) No. 659 of 2023 who has been granted bail and certainly OMPRAKASH SAHNI (supra) case should have been made applicable in that case also, if the contention of the Patna High Court CR. APP (SJ) No.4937 of 2024(4) dt.28-01-2025 13/16 learned counsel for the informant is accepted.
15. Having heard the parties as also the materials on record and the judgments referred by the learned counsel for the Respondent No.2, so far as the case relating to appellant, Ashok Singh @ Ashok Kumar Singh, (appellant no.4 in Cr. Appeal (SJ) No. 5115 of 2024), Rohit Kumar Singh (appellant no.1, Cr. Appeal (SJ) No. 5115 of 2024) besides Ravi Kumar Singh ( appellant no.1, Cr. Appeal (SJ) No. 4937 of 2024) is/are concerned, considering the specific allegations that has/have come against them and now they stand convicted, this Court is not inclined to extend them relief of bail which is/are rejected.
16. So far as the appellants no.2, Tipu @ Sunny Kumar Singh and appellant no.3 Deepak @ Deepu Singh (appellants in Cr. Appeal (SJ) No. 4937 of 2024) and appellants no. 2 and 3 namely, Golu @ Navin Kumar Singh, Dilip Kumar @ Dilip Kumar Singh (Cr. Appeal (SJ) No. 5115 of 2024) are concerned, this Court has taken note of the submissions of the parties.
17. So far as the case of the Hon'ble Apex Court in OMPRAKASH SAHNI (supra) is concerned, while taking up the appeal only for the purpose of bail, it is true that the Court Patna High Court CR. APP (SJ) No.4937 of 2024(4) dt.28-01-2025 14/16 cannot go into the political rivalry, delay in lodging the FIR, over-writings etc. In short, it cannot appreciate the evidence/fact that has already been taken note of by the learned Trial Court. This certainly has to be decided in a hearing matter.
18. Similarly, in Pramod Sharma (supra) case where the Division Bench of Patna High Court followed OMPRAKASH SAHNI (supra) case wherein the Court rightly observed that evidence cannot be re-appreciated while considering the bail application. What weighs in the mind of this Court as to whether the bail of other appellants named above, can be considered or not particularly when there is no specific allegation against them.
19. This Court has also taken note of the order of bail granted to the family of the respondent no.2 in Cr. Appeal (DB) No. 659 of 2023 with Cr. Appeal (DB) No. 738 of 2023 in which having taken note of the case of specific assault by the appellant Abhay Kumar Singh, while his bail was rejected, so far as Kamlesh Singh is concerned, he was granted bail.
20. As omnibus allegation of assault was/were against Golu @ Navin Kumar Singh, Dilip Kumar Singh (appellants in Cr. Appeal (SJ) No. 5115 of 2024), Tipu @ Sunny Kumar Singh and Deepak @ Deepu Singh Patna High Court CR. APP (SJ) No.4937 of 2024(4) dt.28-01-2025 15/16 (appellants in Cr. Appeal (SJ) No. 4937 of 2024), they have remained in custody since 23.09.2024, the appeal is not likely to be taken up in near future, they were earlier granted anticipatory bail which they never misused, in that background, this Court is inclined to grant them relief. Accordingly, prayer of the aforesaid appellants for bail and suspension of sentence stand allowed.
21. Let Golu @ Navin Kumar Singh, Dilip Kumar Singh (appellants in Cr. Appeal (SJ) No. 5115 of 2024), Tipu @ Sunny Kumar Singh and Deepak @ Deepu Singh (appellants in Cr. Appeal (SJ) No. 4937 of 2024), during pendency of the appeal, be released on bail on furnishing bail bond of Rs. 10,000/- each with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge- Xth, Saran, Chapra in S.Tr. No. 390 of 2022 arising out of Sonepur Pahleja PS Case No. 287 of 2021 subject to the following conditions:-
(i) one of the bailors should be the family members/relative of the appellants who shall provide official document to show his bona fide;
(ii) the appellants shall desist from committing any criminal offence again, failing which the State shall be at liberty Patna High Court CR. APP (SJ) No.4937 of 2024(4) dt.28-01-2025 16/16 to take steps for cancellation of his bail bonds.
22. The realization of fine imposed on the appellants, namely, Golu @ Navin Kumar Singh, Dilip Kumar Singh (appellants in Cr. Appeal (SJ) No. 5115 of 2024), Tipu @ Sunny Kumar Singh and Deepak @ Deepu Singh (appellants in Cr. Appeal (SJ) No. 4937 of 2024) shall also remain suspended till the disposal of their respective appeals.
(Rajiv Roy, J)
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