Sitaram Mandal @ Sitaram Chouhan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.27548 of 2020 Arising Out of PS. Case No.-342 Year-2018 Thana- AMARPUR District- Banka ====================================================== SITARAM MANDAL @ SITARAM CHOUHAN S/o Late Gujju Chouhan, Resident of Village-Meghwa Bachhni, P.S.-Amarpur, District-Banka. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sachin Kumar For the Opposite Party/s :

Mr.S.M. Rahman ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 10-12-2020 Heard learned counsel for the petitioner and learned APP for the State through virtual court proceedings. The petitioner seeks bail in a case registered for the offence punishable under Sections 307, 302, 120(B)/34 of the Indian Penal Code and Section 27 of the Arms Act. Prosecution case in brief is that on 28.06.2018 the informant along with his father went to attend a marriage ceremony. That after the ceremony, the informant and his father were coming back to their home by motorcycle. Then in front of primary school Badhni near Kali temple, petitioner along with other accused persons together having country made pistol and rifle in their hand started to fire indiscriminately in which the father of the informant was shot dead and when the informant tried to escape then accused persons chased the informant and

Patna High Court CR. MISC. No.27548 of 2020(3) dt.10-12-2020 2/3 shot fire at him in which the bullet struck at his right leg, but somehow he managed to escape and saved himself. Learned counsel for the petitioner submits that the police did not found blood at the place of recovery of dead body. Hence, it appears that murder was committed somewhere else and the dead body was brought at the place of recovery. He further submits that the deceased was himself a convict for imprisonment of life and was murdered due to previous criminal activity. The petitioner is in jail custody since 12.01.2020. The petitioner has no antecedent which is mentioned in para 3 of the bail petition.

The post-mortem report is consistent with allegation in the FIR. The eye-witnesses of the occurrence, especially, the informant who is one of the injured of the occurrence, have supported the allegation.

Learned APP for the State opposes the prayer for bail petition.

Considering the aforesaid facts and circumstances of the case, I am not inclined to enlarge the petitioner on bail. Accordingly, the prayer for bail of the petitioner is rejected in connection with Amarpur P.S. Case No. 342/2018 (G.R. No. 2167/2018) pending in the Court of learned A.D.J.-2nd, Banka.

Patna High Court CR. MISC. No.27548 of 2020(3) dt.10-12-2020 3/3 Accordingly, this application is dismissed.

The trial court is directed to expedite the trial and conclude the same preferably within nine months, failing which the petitioner would be at liberty to renew his prayer for bail. (Anjani Kumar Sharan, J) amitkumar/- U T