Nawal Kishore Ram v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.26966 of 2023 Arising Out of PS. Case No.-26 Year-2002 Thana- PAKRIDAYAL District- East Champaran ====================================================== Nawal Kishore Ram Son Of Sri Kameshwar Ram R/O Village- Sishani, P.S.- Pakridayal, District- East Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Anil Kumar For the Opposite Party/s :

Mr.Suman Kumari Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 06-09-2023

1. Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has prayed for bail in connection with Pakridayal P.S. Case No. 26 of 2002 instituted for the offence under Section 396 of the Indian Penal Code and Section 17 of the Criminal Law Amendment Act. Further police submitted charge sheet under Sections 396, 397, 398, 400 and 401 of the IPC.

3. Allegation against the co-accused persons along with this petitioner is that they came at the house of the informant with deadly weapons and caught the informant. Further, they brought the informant inside the room and tied him with the pillar along with his mother and sister. Thereafter they committed dacoity in his house and looted many weapons along

Patna High Court CR. MISC. No.26966 of 2023(4) dt.06-09-2023 2/3 with other materials. It is further alleged that they badly assaulted the informant's brother, namely, Rajesh Singh resulting to his death.

4. It is submitted by learned counsel for the petitioner that petitioner has been falsely implicated in this present case due to village politics. The petitioner is not named in FIR rather his name came into light in this case during the course of investigation. It is also submitted that no any specific overt act has been attributed against the petitioner. Moreover, he is languishing in judicial custody since 22.08.2022.

5. Learned APP appearing for the state has opposed the prayer of regular bail and submitted that process of Section 82 of Cr.P.C. has already been issued against the petitioner, which appears from para 41 of the case diary and also vide para31 of the case diary, one witness, namely, Ranjeet Kumar Singh has stated about the complicity of the petitioner in the said occurrence. This case relates to year 2002.

6. Having heard the learned counsel for the parties and considering the nature of allegation, this court is not inclined to enlarge the petitioner on bail and, as such, his prayer for bail stands rejected.

7. The trial court is directed to expedite the trial and

Patna High Court CR. MISC. No.26966 of 2023(4) dt.06-09-2023 3/3 conclude the same within the stipulated period of time as mentioned in its report dt. 31.08.2023.

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