Ram Kishor Ram @ Raj Kishor Ram @ Sadhu Ram v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL APPEAL (SJ) No.1287 of 2025 Arising Out of PS. Case No.-562 Year-2024 Thana- GAURICHAK District- Patna ====================================================== Ram Kishor Ram @ Raj Kishor Ram @ Sadhu Ram son of Late Arjun Ram village- Bibipur, Ps- Gaurichak, Dist- patna ... ... Appellant/s

Versus

1.

The State of Bihar 2.

Rajeev Paswan Son of Surendra Paswan village- Bibipur, Ps- Gaurichak, Dist- patna ... ... Respondent/s ====================================================== Appearance :

For the Appellant/s :

Mr. Ravish Mishra, Advocate Mr. Sanjeev Kumar Singh, Advocate For the State :

Ms. Usha Kumari, SPP For the Informant :

Mr. N.A. Shamsi, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 25-09-2025 Heard learned counsel for the appellant, learned Special Public Prosecutor for the State and learned counsel for the informant.

2.

The instant appeal has been filed by the appellant against the order dated 28.01.2025 passed by learned Exclusive Special Judge, SC/ST Act, Civil Court (Sadar), Patna whereby the prayer for bail of the appellant in connection with Gaurichak PS Case No. 562 of 2024 instituted under Sections 103(1), 109 & 3(5) of the Bharatiya Nyaya Sanhita, 2023, Section 27 of the Arms Act and Section 3(2)(v) of SC/ST Act was rejected. 3.

The prosecution case is that on 03.10.2024, the

Patna High Court CR. APP (SJ) No.1287 of 2025(3) dt.25-09-2025 2/3 accused armed with weapons attacked the informant's house, abused by caste name, and opened indiscriminate fire, in which the informant's son died from a gunshot on the forehead allegedly fired by Ram Kishor Ram (appellant), while Sunita Devi sustained injuries and another villager narrowly escaped, and thereafter the accused threatened the family with dire consequences if a case was lodged.

4.

Learned counsel for the appellant submits that the appellant is innocent and has falsely been implicated in the present case. Charge-sheet has been submitted in this case. The appellant had no role in the alleged occurrence except presiding over the panchayati where the stolen locket was returned by Sanni. The evidence suggests that the firing took place between Sanni and his brother, during which an innocent child sustained injury and died. The appellant, his sons, and others have been falsely implicated, as there was no enmity, dispute, or altercation with the informant to justify such allegations. Learned counsel for the appellant further submits that the appellant has not taken the caste name of the informant in public view. Hence, no offence under the provisions of SC/ST Act is made out against him. The appellant has no intention to disgrace the image of the informant in public view. The

Patna High Court CR. APP (SJ) No.1287 of 2025(3) dt.25-09-2025 3/3 appellant is in custody since 05.10.2024 and has no criminal antecedent.

5.

Learned Special P.P. for the State and the informant have vehemently opposed the prayer for grant of bail to the petitioner. It is submitted that there is direct allegation against the appellant of firing, which is corroborated by postmortem report, wherein cause of death is head injury sustained by fire arm and hard and blunt object.

6.

Considering the aforesaid facts and circumstances of the case and taking into account the fact that there is direct allegation of firing against the appellant, hence, this Court is not inclined to allow the appeal. Appeal is, accordingly, dismissed. 7.

The Trial Court is directed to expedite the trial as expeditiously as possible without any undue delay and unnecessary adjournments.

(Rudra Prakash Mishra, J) Raj Kishore/- U T