Patna High Court – Orders
Ravindra Ram @ Rabindra Ram vs The State Of Bihar on 4 March, 2025
Author: Alok Kumar Pandey
Bench: Alok Kumar Pandey
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL APPEAL (DB) No.937 of 2024
Arising Out of PS. Case No.-133 Year-2020 Thana- KUTUMBA District- Aurangabad
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Ravindra Ram @ Rabindra Ram Son of Late Lohari Ram R/o Village- Samda
Ibrahimpur, P.S.- Kutumba, District- Aurangabad (Bihar)
... ... Appellant/s
Versus
The State of Bihar
... ... Respondent/s
======================================================
Appearance :
For the Appellant : Mr. Shailesh Kumar Singh, Advocate
For the Respondent : Km. Shashi Bala Verma, A.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE VIPUL M. PANCHOLI
and
HONOURABLE MR. JUSTICE ALOK KUMAR PANDEY
ORAL ORDER
(Per: HONOURABLE MR. JUSTICE VIPUL M. PANCHOLI)
4 04-03-2025
Heard Mr. Shailesh Kumar Singh, learned Advocate
for the appellant and Km. Shashi Bala Verma, learned A.P.P for
the Respondent-State.
2. This appeal has been filed on behalf of the
appellant under Section 374(2) read with Section 389(1) of the
Code of Criminal Procedure, 1973 against the judgment of
conviction dated 28.05.2024 and the order of sentence dated
07.06.2024 rendered by the Court of learned Additional
Sessions Judge-II, Aurangabad, Bihar in Sessions Trial No. 18
of 2021 (214 of 2023) arising out of Kutumba P.S. Case No. 133
of 2020, whereby the appellant has been convicted for the
offences punishable under Sections 147, 148, 149 and 302 of the
Patna High Court CR. APP (DB) No.937 of 2024(4) dt.04-03-2025
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Indian Penal Code ( in short ‘IPC‘) and sentenced to undergo
rigorous imprisonment for life (in short ‘RI’) and fine of Rs.
25,000/- for the offence punishable under Section 302 of IPC
and, in default of payment of fine, the appellant shall have
further to undergo simple imprisonment (in short ‘SI’) for one
year. Further, the appellant has been sentenced to undergo RI for
two years with fine of Rs. 5,000/- for the offence punishable
under Section 147 of IPC and, in default of payment of fine, the
appellant shall have further to undergo SI for four months and
further the appellant has been sentenced to undergo RI for two
years with fine of Rs. 5,000/- for the offence punishable under
Section 148 of IPC and, in default of payment of fine, the
appellant shall have further to undergo SI for four months. All
the sentences have been directed to run concurrently.
3. Learned Advocate for the appellant, at the outset,
submitted that the present appeal has been admitted and for the
present appellant prays for grant of bail and for suspension of
sentence imposed by the learned trial court till final disposal of
the appeal.
4. Learned Advocate for the appellant, at the outset,
submitted that there is no eye-witness to the incident in
question, however, the prosecution had projected six persons as
Patna High Court CR. APP (DB) No.937 of 2024(4) dt.04-03-2025
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eye-witnesses. During cross-examination, the said six witnesses
specifically admitted that they have not seen the occurrence in
question. At this stage, learned Advocate for the appellant has
placed on record the order dated 13.12.2024 passed by this
Court in Criminal Appeal (DB) No. 805 of 2024 and allied
matters. Learned Advocate submits that by way of the said
order, thirteen accused, who have been convicted by the trial
court along with the present appellant, have been released on
bail and the sentence imposed by the trial court has been
suspended qua the other thirteen co-convicts. It is submitted that
similar allegations are levelled agianst the present appellant.
Learned Advocate has referred to the FIR/written complaint
given by the informant and thereafter contended that similar
type of allegations are levelled against one Sudama Ram and
Uday Ram who have been released on bail. Learned Advocate,
therefore, urged that on the ground of parity, the case of the
appellant be considered.
5. On the other hand, learned APP for the Respondent-
State has though opposed the prayer for grant of bail and for
suspension of sentence, he is not in a position to dispute the fact
that the other thirteen co-convicts have been released on bail
vide common order dated 13.12.2024 passed in Criminal Appeal
Patna High Court CR. APP (DB) No.937 of 2024(4) dt.04-03-2025
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(DB) No. 805 of 2024 and allied matters.
6. We have considered the submissions canvassed by
the learned Advocates appearing for the parties. We have also
perused the materials placed on record as well as the trial court
records and the order dated 13.12.2024. Prima facie, it
transpires that the role attributed to the present appellant is
similar to that of co-convicts Sudama Ram and Uday Ram. So
far as the aforesaid two co-convicts are concerned, this Court
vide order dated 13.12.2024 has released the aforesaid two co-
convicts along with eleven other co-convicts on bail and thereby
suspended the sentence qua thirteen co-convicts. We are of the
view that the ground of parity would be applicable and on that
ground, case of the appellant requires consideration.
7. Accordingly, appellant is ordered to be released on
bail during pendency of the present appeal on executing bond of
Rs. 15,000/- (Rupees Fifteen Thousand) and upon furnishing
two sureties of the like amount each to the satisfaction of
learned Additional Sessions Judge-II, Aurangabad, Bihar in
Sessions Trial No. 18 of 2021 (214 of 2023) arising out of
Kutumba P.S. Case No. 133 of 2020 and the sentence imposed
by the trial court is suspended so far as this appellant is
concerned.
Patna High Court CR. APP (DB) No.937 of 2024(4) dt.04-03-2025
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8. It is clarified that the aforesaid observations are
tentative observations made by this Court while considering the
request of the appellant for grant of bail.
9. The appellant should co-operate in this court till
disposal of the appeal.
10. Realisation of fine shall also remain stayed during
the pendency of this appeal.
(Vipul M. Pancholi, J)
( Alok Kumar Pandey, J)
GKS/-
U T
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