Ramakant Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.24254 of 2023 Arising Out of PS. Case No.-432 Year-2022 Thana- DINARA District- Rohtas ====================================================== RAMAKANT SAH son of Halkhori Sah Village- Daidahan Ps- Dinara DistRohtas ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. N.K. Agrawal, Adv.

Mr. Rahul Kumar Dubey For the Opposite Party/s :

Mr.Nagendra Prasad For the Informant Mr Deepak Kumar Sinha ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 19-05-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has prayed for bail in a case registered for the offence punishable under sections 302/34 of the Indian Penal Code and section 27of the Arms Act and later on Section 120(B) has been added.

As per allegation in the FIR, several accused persons including the petitioner ambushed near the place of occurrence and surrounded the informant's father and opened fire as a result of which he received gun shot injury and he died. It is submitted by learned counsel for the petitioner that petitioner has been falsely implicated in this case due to panchayat election as deceased was defeated by this petitioner .

Patna High Court CR. MISC. No.24254 of 2023(3) dt.19-05-2023 2/2 There is delay of 24 days in lodging the FIR without any valid reason. Petitioner is languishing in judicial custody since 21.11.2022.

The application for bail is opposed by learned APP for the State and learned counsel for the informant and submitted that there is direct allegation of firing against the petitioner. From CCTV footage, informant and his mother have identified the petitioner as both were the eye witness of the alleged occurrence. During investigation, several witnesses have supported the prosecution case.

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.

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

(Sunil Kumar Panwar, J) sushma/- U