Amar Ram v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.36852 of 2021 Arising Out of PS. Case No.-22 Year-2021 Thana- GOPALPUR District- Gopalganj ====================================================== AMAR RAM S/o Late Bangali Ram R/o village- Dharampur, P.S.- Gopalpur, District- Gopalganj ... ... Petitioner/s
Versus
THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Shubhesh Pandey, Adv.
For the Opposite Party/s :
Mr. Sanjay Kumar Sharma, APP For the informant : Mr. Prashant Kumar, Adv. ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 05-01-2022 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 and 34 of the Indian Penal Code.
As per the prosecution case, it is stated by the informant that the informant, a teacher in a school was going on his motorcycle when he was intercepted by the five named accused persons including the petitioner herein and some unknown accused persons. It is further stated that on the orders of Bullet Ram all the accused persons variously armed with lathi, danda, iron rod etc. started to assault the informant's son as a result of which he fell down and subsequently died.
Patna High Court CR. MISC. No.36852 of 2021(2) dt.05-01-2022 2/3 It is submitted by learned counsel for the petitioner that the petitioner has been falsely implicated in the case. There is a case and counter case between the parties. The allegations are general and omnibus in nature. Investigation in case has concluded with the submission of chargesheet. He is in custody since 1.2.2021 and has no criminal antecedent. The application for bail is opposed by learned APP for the State and and learned counsel for the informant. It is submitted by learned counsel for the informant that the son of the informant who was a teacher in a school was brutally murdered by the accused persons including the petitioner herein. Besides being named in the F.I.R., the petitioner actively participated in the occurrence.
The crime was committed in a heinous manner which is substantiated from the contents of the postmortem report. The application for bail be rejected. Having heard learned counsel for the parties and taking into consideration the facts of the case, the general and omnibus allegation in the F.I.R. together with the petitioner having remained in custody for over 11 months, the Court directs the petitioner to be enlarged on bail in connection with Gopalpur P.S. Case no.22 of 2021 on furnishing bail bond of Rs.
Patna High Court CR. MISC. No.36852 of 2021(2) dt.05-01-2022 3/3 learned Judicial Magistrate 1st Class, Gopalganj. (Partha Sarthy, J) Bibhash/- U