Patna High CourtCR. MISC./3381/2019dismissed

Mahesh Ram v. The State Of Bihar

2019-04-22Mr. Justice Sudhir Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.3381 of 2019 Arising Out of PS. Case No.-118 Year-2018 Thana- DURAULI District- Siwan ====================================================== Mahesh Ram, S/o Phuleshwar Ram, Resident of Village - Kanhauli, Police Station-Darauli, District-Siwan.

... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Javed Aslam For the Opposite Party/s :

Mr.Jai Narain Thakur ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 22-04-2019 Heard learned counsel for the petitioner and the State. The petitioner seeks bail in a case registered under Section 341, 323, 307, 302/34 of the Indian Penal Code. The prosecution case, in brief, is that in the backdrop of land dispute, an altercation took place and in consequence thereof, accused persons assaulted informant's brother who succumbed to the injury in course of proceeding for treatment. It has been submitted on behalf of the petitioner that the petitioners have got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioner. The petitioner is in custody since 09-08-2018. Charge sheet in this case has already been submitted. The petitioner has been falsely implicated in the present case. There is land dispute between the parties. There is no other substantive evidence to

Patna High Court CR. MISC. No.3381 of 2019(4) dt.22-04-2019 2/2 suggest the implication of the petitioner in the present case. On behalf of the State, it is submitted that the petitioner is named in the FIR. There is specific allegation against the petitioner of giving iron rod blow on the head of the deceased which led to death of the deceased.

Considering the aforesaid facts and circumstances, I am not inclined to grant bail to the petitioner. Accordingly, prayer for bail of the petitioner in connection with Darauli P.S. Case No. 118 of 2018 is rejected.

Learned trial court is directed to expedite the trial and conclude the same preferably within a period of one year from the date of receipt/production of copy of this order. (Sudhir Singh, J) A.K.V.//- U T