Patna High Court – Orders
Rohit Kumar @ Rohit 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
======================================================
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.
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
ORAL ORDER
4 28-01-2025
Heard 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
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
16/16to 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)
perwez
U T