Jayram Kumar @ Jayram Prasad @ Jayram Kumar Mahato v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.27752 of 2022 Arising Out of PS. Case No.-186 Year-2001 Thana- ASHTHAWAN District- Nalanda ====================================================== JAYRAM KUMAR @ JAYRAM PRASAD @ JAYRAM KUMAR MAHATO S/o Kamta Mahto R/o village- Satakpur, P.S.- Bind, DistrictNalanda ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Rudal Singh For the Opposite Party/s :

Mr.Ramchandra Sahni ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 27-07-2022 The present petition is by way of 3rd attempt at the behest of the petitioner for grant of regular bail in connection with S. Tr. No. 39 of 2020 arising out of Asthawan (Bind) P.S. Case No. 186 of 2001, registered under Section 302, 201/ 34 of Indian Penal Code, inasmuch as the earlier petitions of the petitioner for grant of bail have all been rejected by this Court. The case of the prosecution as per the FIR lodged by the informant Sanjay Kumar is that after the informant along with his younger brother, who had gone to the vegetable field, were returning back to their house, the accused persons including the petitioner, variously armed with country made rifle had arrived at the place of occurrence whereafter they had caught the brother of the informant namely Bipin and had

Patna High Court CR. MISC. No.27752 of 2022(2) dt.27-07-2022 2/3 started assaulting him, whereupon protest was made by the informant namely Sanjay Kumar, however the accused persons had forcibly taken the brother of the informant towards the river and had also fired on the informant and his family members, when they had tried to chase the accused persons. It has been further alleged that at the instigation of the co-accused person namely Kamta Prasad, the petitioner and co-accused persons had thrown the brother of the informant in the river and subsequently, the informant and his family members had fished out the dead body of the deceased brother of the informant. The learned counsel for the petitioner has submitted that the petitioner is languishing in custody since 22.04.2019 and there is no progress in the ongoing trial. Per contra, the learned A.P.P. appearing for the State has vehemently opposed the prayer for bail.

I have heard the learned counsel for the parties and I find that the earlier order of this Court dated 01.06.2020 is very exhaustive and after taking into account all the aspect of the matter, the prayer of the petitioner for grant of bail was rejected. Moreover, I find that there is no change in circumstance so as to warrant reconsideration of the prayer of the petitioner for grant of bail, more so since the petitioner is alleged to have engaged

Patna High Court CR. MISC. No.27752 of 2022(2) dt.27-07-2022 3/3 in gruesome murder of the deceased, hence, the present petition stands dismissed.

(Mohit Kumar Shah, J) Tiwary/- U T