Ramsagar Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.14980 of 2023 Arising Out of PS. Case No.-38 Year-2022 Thana- KOCHAS District- Rohtas ====================================================== RAMSAGAR SINGH Son of Raj Narayan Singh Resident of Village - Rampur, P.S.- Kochas, District - Rohtas.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ajay Kumar Thakur, Adv.

:

Mr.Mithilesh Kumar Singh For the Opposite Party/s :

Ms.Indu Kumari Srivastava ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 12-07-2023 Heard learned counsel for the petitioner, learned counsel for the informant and learned APP for the State. The petitioner has prayed for bail in connection with Kochas P.S. case No. 38 of 2022 instituted for the offence under Sections 307, 147, 341, 148, 149, 120B & 302 of the Indian Penal Code and Section 27 of the Arms Act.

As per allegation in the FIR, it is alleged that on order of co-accused Anu Devi, the petitioner along with other coaccused Guddu Singh fired upon the informant's son namely, Dhanji Singh due to which he sustained gun shot injury and thereafter he died.

Learned counsel for the petitioner submits that the petitioner is innocent and committed no offence. He has falsely been implicated in this case due to previous enmity between the

Patna High Court CR. MISC. No.14980 of 2023(3) dt.12-07-2023 2/2 parties. It is further submitted that the petitioner is languishing in judicial custody since 28.3.2022.

Learned APP appearing for the state and learned counsel for the informant have vehemently opposed the prayer of regular bail and submitted that the petitioner is named in the FIR upon whom the informant has made specific allegation that he fired upon his son due to which informant's son died. Postmortem report which is mentioned in para-38 of case diary corroborates the prosecution story in which the cause of death is opined due to several brain injury (gunshot). It is further submitted that witnesses of this case have also supported the prosecution.

Having heard the learned counsel for the parties and considering the fact that there is direct allegation against the petitioner, this court is not inclined to enlarge the petitioner on bail and, as such, his prayer for bail stands rejected. The trial Court is directed to expedite the trial and conclude the same as soon as possible.

(Sunil Kumar Panwar, J) lata/- U T