Ram Ekbal Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.14559 of 2020 Arising Out of PS. Case No.-121 Year-2019 Thana- SAHEBGANJ District- Muzaffarpur ====================================================== RAM EKBAL RAI S/o Late Bindeshwar Rai Resident of Village- Husepur Pachrukhiya, P.S.- Sahebganj, Distt- Muzaffarpur ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Yugal Kishore For the Opposite Party/s :

Mr. B. N. Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 03-06-2020 Heard learned Counsel for the petitioner and learned Additional Public Prosecutor for the State, through video conferencing.

The petitioner seeks regular bail in connection with Sahebganj Police Station Case No. 121 of 2019, registered for the offences punishable under Sections 341/323/324/307/302/34 of the Indian Penal Code.

The allegation against the petitioner is that the petitioner, along with other co-accused persons, entered into the house of the informant on 25.03.2019 and assaulted the informant and his brother, Achhey Lal Rai. The petitioner assaulted the brother of the informant by means of gupti (a sharp-pointed weapon). Subsequently, the brother of the informant succumbed to the injuries.

Patna High Court CR. MISC. No.14559 of 2020(3) dt.03-06-2020 2/3 Learned Counsel for the petitioner submits that both the parties are related to each other inasmuch as the petitioner is the own brother of the deceased and the informant and there is land dispute between them. He further submits that there was free fight between the parties and the petitioner has no intention to kill the deceased and it was due to sudden provocation that the present occurrence has taken place.

On the other hand, learned Additional Public Prosecutor vehemently opposes the prayer for bail and submits that from perusal of the post mortem examination report, it is evident that the deceased has sustained stab injuries in his abdomen and upper part of his stomach and the cause of his death is due to the injuries caused by the sharp pointed weapon. He further submits that the informant was also injured who has narrated the incident in the first information report. After having heard learned Counsel for the parties and taking into consideration the materials available on record and the fact that the petitioner is the man assailant, I am not inclined to grant regular bail to the petitioner.

This application is, accordingly, dismissed.

However, the petitioner may renew his prayer for bail after one year from today if the trial does not show any

Patna High Court CR. MISC. No.14559 of 2020(3) dt.03-06-2020 3/3 progress.

(Anil Kumar Sinha, J.) Prabhakar Anand/- U √ T √