Shatrudhan Ram v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.32276 of 2021 Arising Out of PS. Case No.-95 Year-2019 Thana- BALIGAON District- Vaishali ====================================================== SHATRUDHAN RAM Son of Late Kaleshwar Ram Resident of VillageBaligaon, P.S.- Baligaon, District- Vaishali. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Rakesh Kumar Soni, Advocate For the State :

Mr. Nand Kishore Prasad, APP For the Informant :

Mr. Vipin Kumar Sinha, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 18-01-2022 Heard learned counsel for the parties through video conferencing.

The petitioner has preferred this application for grant of regular bail in a case registered under sections 302, 307 and 34 of the Indian Penal Code.

As per the prosecution case, the petitioner is said to have given a sickle blow on the brother of the informant leading to his death.

It is submitted by learned counsel for the petitioner that the petitioner has been falsely implicated in the case. The statements of the informant are contradictory and the material that has transpired in course of investigation does not support the allegations in the FIR. The petitioner is in custody since

Patna High Court CR. MISC. No.32276 of 2021(3) dt.18-01-2022 2/2 22.9.2019 and only two witnesses have been examined on behalf of the prosecution, there is no chance of the trial concluding in the near future.

The application for bail is opposed by learned APP for the State and learned counsel for the informant. It is submitted by learned counsel for the informant that besides the petitioner being the main/sole assailant of the deceased, the trial in the learned Court below has proceeded.

Having heard learned counsel for the parties and taking into consideration the allegations in the FIR, the material that has transpired in course of investigation including the postmortem report and the trial in the case having proceeded, the Court is not inclined to enlarge the petitioner on bail and the application is rejected.

Learned trial Court is directed to expedite the trial. (Partha Sarthy, J) Prakash/- U