Ram Babu Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.30364 of 2021 Arising Out of PS. Case No.-105 Year-2020 Thana- ROSERA District- Samastipur ====================================================== Ram Babu Sah S/o Raghunath Sah R/o village- Haripur, Ward No. 13, P.S.- Rosera, District- Samastipur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Abhay Shankar Singh For the Opposite Party/s :

Mr.S. Dayal, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 06-09-2021 Heard learned counsel for the parties through video conferencing.

The petitioner seeks bail in Sessions Trial No. 167 of 2020, arising out of Rosera P.S. Case No. 105 of 2020, registered for the offence under Sections 120-B, 147, 302, 307, 504 of the Indian Penal Code.

As per the prosecution case, this petitioner is alleged to have inflicted knife blow in the stomach and chest of the brother of the informant, as a result of which, during course of treatment, he died.

It is submitted on behalf of petitioner that there is land dispute between the parties and the alleged occurrence has taken place in presence of Mukhiya and Sarpanch. The F.I.R. has been lodged against eight known persons, including this petitioner,

Patna High Court CR. MISC. No.30364 of 2021(4) dt.06-09-2021 2/2 and 4-5 unknown persons with general and omnibus allegation. Petitioner is in custody since 01.04.2020. Chargesheet has been submitted.

However, learned A.P.P. for the State opposed the bail petition and submitted that there is direct and specific allegation against this petitioner of inflicting knife blow to the deceased. Considering the specific allegation against this petitioner of giving knife blow in the stomach and chest of the deceased, as a result of which, he died, I am not inclined to grant bail to the petitioner and same is, accordingly, rejected. (Prabhat Kumar Singh, J.) anay U T