Lalan Ram v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.8235 of 2022 Arising Out of PS. Case No.-69 Year-2021 Thana- SANGRAMPUR District- East Champaran ====================================================== Lalan Ram S/O Late Nagina Ram Resident Of Village - Bhatwaliya, P.S. - Sangrampur, District - East Champaran.
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Dhurendra Kumar, Advocate For the Opposite Party/s :
Mr. Pawan Kumar Chaurasia, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 30-06-2022 Heard learned counsel appearing on behalf of the petitioner and learned counsel appearing on behalf of the State. Let the defect(s), if any, be removed within a period of four weeks from today.
The petitioner seeks bail in connection with Sangrampur P.S. Case No. 69 of 2021 registered for the offence under Sections 302 and 34 of the Indian Penal Code. The accused/petitioner is named in the F.I.R. and is in custody since 13.08.2021.
The allegation against the petitioner is to commit the murder of father of the informant along with other co-accused persons for property related dispute.
Learned counsel appearing on behalf of the petitioner
Patna High Court CR. MISC. No.8235 of 2022(4) dt.30-06-2022 2/3 submitted that the informant is not the eye witness of the occurrence, therefore, the version of informant cannot be believed. It has further been submitted that the occurrence is founded over property dispute. It has been submitted that petitioner is a man of clean antecedents and, moreover, chargesheet has already been submitted, as such, there is no chance of tampering of evidence.
Learned APP appearing on behalf of the State while opposing the prayer of bail submitted that during the course of investigation one of the injured, namely, Upendra Ram, who is the eye witness of the occurrence, stated that it was petitioner who caused fatal blow with bamboo on the head of deceased. It is further submitted that this specific allegation, as regard to assault, and also the manner of assault is in full corroboration with the postmortem report of the deceased.
Considering the facts and circumstances as mentioned above, as there is specific allegation of assault, which caused death of father of the informant, this Court is not inclined to grant bail to the petitioner.
Accordingly, the prayer for bail of the petitioner is rejected, herewith, with the liberty to the petitioner to renew his prayer for bail after 9 months, if the trial is not concluded in the
Patna High Court CR. MISC. No.8235 of 2022(4) dt.30-06-2022 3/3 stipulated period of time.
In the meantime, Superintendent of Police, Motihari is directed to produce chargesheeted witnesses before the Trial Court as and when directed by the Trial Court for expeditious disposal of the trial.
The physical appearance of the I/O of this case before this Court is dispensed with.
(Chandra Shekhar Jha, J) Ankit/- Shashank/- U T