← Library
Patna High CourtCR. MISC./2853/2023rejected

Bishram Singh @ Vishram Rai v. The State Of Bihar

2023-04-04Mr. Justice Rajesh Kumar Verma2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.2853 of 2023 Arising Out of PS. Case No.-112 Year-2018 Thana- GOPALGANJ TOWN DistrictGopalganj ====================================================== BISHRAM SINGH @ VISHRAM RAI S/O RAM DHYAN SINGH Resident of village and Post- Ekderwa, P.S and District- Gopalganj ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Harendra Prasad, Adv.

For the Opposite Party/s :

Mr. Anil Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 04-04-2023 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

Petitioner seeks bail in a case registered for the offences punishable under Sections 147, 148, 149, 342 and 302 of the Indian Penal Code.

According to prosecution case, there is allegation against the petitioner that he along with other co-accused persons having armed with deadly weapons assaulted the father of the informant by sharp weapon and when he raised alarm then the family members of the informant rushed to the place of occurrence. Thereafter the accused persons fled away and the father of the informant was brought to Sadar Hospital, where the doctor declared him dead.

Patna High Court CR. MISC. No.2853 of 2023(3) dt.04-04-2023 2/2 Learned counsel for the petitioner submits that the petitioner is innocent and he has falsely been implicated in the present case and as per allegation in the F.I.R. no case is made out against the petitioner under Section 302 of the Indian Penal Code.

Vide order dated 04.03.2023, a report was called for from the trial court with regard to the stage of the trial. Report dated 16.03.2023 of the Trial Court reveals that out of nine charge sheeted witnesses eight prosecution witnesses have already been examined in this case including the informant and Doctor.

Considering the report of the learned trial Court, I am not inclined to enlarge the petitioner on bail in connection with S.Tr. No. 211 of 2019, arising out of Gopalganj P.S. Case No. 112 of 2018, pending in the court of learned Additional Sessions Judge-VI, Gopalganj.

Prayer is refused.

However, the learned Trial Court is directed to expedite the trial.

(Rajesh Kumar Verma, J) amit/- U T