Mukesh Ram v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.10476 of 2022 Arising Out of PS. Case No.-67 Year-2021 Thana- THARTHARI District- Nalanda ====================================================== MUKESH RAM S/o Uday Ram R/o village- Amera, P.S.- Tharthari, DistrictNalanda ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sanjay Kumar For the Opposite Party/s :

Mr.Md. Fahimuddin ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 27-07-2022 Learned counsel for the petitioner is permitted to remove defect (s), as pointed out by the office, if any, within a period of four weeks on resumption of physical mode. Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has preferred this application for grant of regular bail in a case registered under section 302 and 201 of the Indian Penal Code.

As per the prosecution case, it is alleged that the petitioner committed murder of the informant's husband with iron rod and his dead body was thrown in the field. Learned counsel for the petitioner has submitted that the petitioner is innocent and he has falsely been implicated in this case on mere suspicion. Learned counsel for the petitioner has further

Patna High Court CR. MISC. No.10476 of 2022(3) dt.27-07-2022 2/2 submitted that the petitioner is the cousin bother of the informant. There is no eye witness in this case. Learned counsel for the petitioner has further submitted that the petitioner has clean antecedent as stated at para 3 of the bail petition. The petitioner is in custody since 26.06.2021.

Learned A.P.P. for the State has opposed the bail by submitting that there is specific allegation against the petitioner and the petitioner has confessed his guilt to the informant. There is sufficient material in the case diary against the petitioner. There is illicit relationship between the daughter of petitioner and the deceased which led to the crime.

Considering the aforesaid facts and circumstances as well as the specific allegation against the petitioner, I am not inclined to grant regular bail to the petitioner. Therefore, the prayer for bail of this petitioner is rejected.

The trial Court is directed to expedite the trial and conclude the same preferably within a period of nine months. If the trial is not concluded within nine months, the petitioner is at liberty to renew the prayer for bail in accordance with law.

sanjeev/- (Chandra Prakash Singh, J) U T