Hareram Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.25777 of 2025 Arising Out of PS. Case No.-95 Year-2012 Thana- BARHIYA District- Lakhisarai ====================================================== Hareram Singh, S/o Sukhdev Singh, R/o Village + P.S.-Barahiya, DistrictLakhisarai ... ... Petitioner

Versus

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

For the Petitioner/s :

Mr. Pankaj Kumar Sinha, Advocate Mr. Rabi Bhushan, Advocate For the Opposite Party/s :

Mr. Umesh Lal Verma, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 31-07-2025 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

2. The accused/petitioner seeks bail in connection with S.Tr. No.44 of 2025 arising out of Barahiya P.S. Case No.95 of 2012 registered for the offence punishable under Section 302 of the Indian Penal Code.

3. The accused/petitioner is named in the FIR and is in custody since 03.01.2025.

4. Allegation against the petitioner is to commit murder of the husband of informant, where occurrence alleged to be taken place in the background of land dispute. The deceased is younger brother of petitioner.

5. It is submitted by learned counsel appearing for

Patna High Court CR. MISC. No.25777 of 2025(4) dt.31-07-2025 2/3 the petitioner that the informant is not the eye witness of the occurrence and entire prosecution case is based upon hearsay input, as informant received information qua crime in question from some unknown persons. It is submitted that investigation of this case is already completed, for which, charge-sheet has been submitted and, as such, there is no chance of tampering with the evidence. It is further submitted that keeping the petitioner behind the bar would not serve any purpose of justice. The petitioner claimed to be man of clean antecedent.

6. Learned APP while opposing the prayer for bail submitted that though the informant prima facie not appears eye witness of the occurrence but, during the course of investigation, several witnesses including independent witnesses claimed to be eye witness of the occurrence who, while recording their statement under Section 161 of the CrPC stated that this petitioner has inflicted multiple assault upon deceased by means of scissor. It is pointed out that from the postmortem report, the manner of assault appears prima facie corroborating. It is submitted that the parties

Patna High Court CR. MISC. No.25777 of 2025(4) dt.31-07-2025 3/3 were on inimical terms out of land dispute being the full brother. Beside aforesaid, it is also pointed out by learned APP that the occurrence is of the year 2012, where charge sheet against petitioner was submitted, showing him absconder and after thirteen years, the petitioner has surrendered in January, 2025.

7. In view of aforesaid factual submissions and by taking note of fact as there is specific allegation against the petitioner to cause fatal injuries upon deceased husband of the informant in the background of land dispute duly supported by eye witnesses, coupled with the fact that petitioner has remained absconder for almost about 13 years, accordingly, the prayer of bail of the petitioner is rejected herewith, for the present.

8. However, considering the fact as the occurrence is of year 2012, the learned trial court is directed to conclude the trial expeditiously in accordance with law, preferably within a period of nine months.

(Chandra Shekhar Jha, J.) Sanjeet/- U T