Shiv Nath Ram v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.21292 of 2025 Arising Out of PS. Case No.-114 Year-2008 Thana- BIHTA District- Patna ====================================================== Shiv Nath Ram S/o Late Butan Ram @ Butan Das R/o Village- Chhitrauli, P.S.- Bihta, Distt.- Patna ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Ram Niwas Prasad , Advocate For the Opposite Party/s :
Mr. Nawal Kishore Prasad , APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 29-04-2025 Heard learned counsel for the petitioner and the State .
2. Petitioner apprehends arrest in a case registered for the offence punishable under section 307 and 302 of IPC . 3 . As per the prosecution case , informant Radhe Shyam Ram alleged that on 02.05.2008 , informant along with Lallu Kumar, sant Lal, Yodengdra Rai, Jawan ram, Nathu Ram and others had gone to attend barat of one Mangal Ram in the village Chhitrauli and at about 7.00 PM, barat reached the door of girl where an unknown person fired upon Lallu Kumar which hit it on his head and one person namely Guddu Kumar also sustained gun shot injury in his right hand. It is further alleged that Lallu Kumar died during course of treatment and accordingly the present F.I.R., has been lodged.
Patna High Court CR. MISC. No.21292 of 2025(2) dt.29-04-2025 2/2
4. At the outset, learned counsel for the State opposed the bail petition and submitted that this bail application has been moved after the inordinate of more than 18 years of the institution of F.I.R., which was lodged on 01.04.2008 and also after lapse of 4 years of order of cognizance which was taken on 01.07.2021 by the learned Court below for which there is no plausible explanation for the same . It is appears that petitioner has no apprehension of arrest.
5 . Considering the fact that this bail application has been filed after gross delay of 18 years for which there is no plausible explanation and other circumstances of case , the prayer for pre - arrest bail of petitioner is rejected. (Prabhat Kumar Singh, J) Koushik/- U T