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Patna High CourtCR. MISC./43812/2017rejected

Lal Muni Ram @ Muni Lal Ram v. The State Of Bihar

2017-11-15Justice Smt. Nilu Agrawal3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.43812 of 2017 Arising Out of PS.Case No. -4 Year- 2017 Thana -NASRIGANJ District- SASARAM (ROHTAS) ====================================================== Lal Muni Ram @ Muni Lal Ram Son of Late Ram Nath Ram, R/o VillageRajandi, P.S.- Rajpur, District- Rohtas. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Rang Nath Choubey For the Opposite Party/s : Mr. Smt Renu Kumari ====================================================== CORAM: HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL ORDER 15-11-2017 Heard learned counsel for the petitioner and learned APP for the State.

Petitioner seeks bail in connection with Nasariganj (Rajpur) P.S. Case No. 04 of 2017 for offences punishable under Sections 147, 148, 149, 341, 323, 504, 325, 307, 302 of the Indian Penal Code.

The prosecution case, as lodged by the informant, is that while the petitioner and six others were cutting Sisam tree from the land which was objected they came variously armed with weapons and started assaulting the informant's side. Specific allegation upon the petitioner and upon the co-accused Om Prakash Ram and others is that they assaulted his father who

Patna High Court Cr.Misc. No.43812 of 2017 (3) dt.15-11-2017 2/3 succumbed to the injury.

It has been submitted by the learned counsel for the petitioner that he is innocent and has been falsely implicated in the aforesaid case and that bears no criminal antecedent. It is submitted that there was land dispute between the parties and the Sisam tree fell in their share but was objected by the informant's side. It is further submitted that general and omnibus allegation has been levelled against all the accused persons including the petitioner, charge-sheet has already been submitted and that petitioner is languishing in judicial custody since 06.05.2017.

However, learned APP for the State opposes the prayer for bail stating therein that the injury found on the deceased were multiple and all the accused persons including the petitioner have done to death the informant's father.

Considering the facts and circumstances and the materials on record, I am not inclined to grant privilege of bail to the petitioner at this stage in connection with Nasariganj (Rajpur) P.S. Case No. 04 of 2017, pending in the court of learned Sub Divisional Judicial Magistrate, Bikramganj, Rohtas. The application is, accordingly, rejected.

Patna High Court Cr.Misc. No.43812 of 2017 (3) dt.15-11-2017 3/3 However, the trial court is directed to conclude the trial expeditiously preferably within nine months. The petitioner is at liberty to renew his prayer for bail if trial is not concluded by that time.

(Nilu Agrawal, J) Devendra/- U T