Nathuni Ram v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.32719 of 2020 Arising Out of PS. Case No.-32 Year-2020 Thana- SIMRA District- West Champaran ====================================================== NATHUNI RAM Son of Late Bhagan Ram Resident of Village - Singari, P.S.- Semara, Distt.- West Champaran (Bihar) ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Suresh Prasad Sharma, Advocate For the Opposite Party/s :

Smt. Suman Kumari Singh, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 07-12-2020 Heard Mr. Suresh Prasad Sharma, learned counsel for the petitioner and Smt. Suman Kumari Singh, learned Additional Public Prosecutor appearing for the State through video conferencing.

Petitioner seeks regular bail in connection with Semara P.S. Case No. 32 of 2020 registered for the offences punishable under Sections 341, 323, 325, 307, 504, 506 and 302/34 of the Indian Penal Code 1860.

The allegation against the petitioner as per the First Information Report is that he assaulted Sukal Ram, uncle of the informant with Farsa (a sharp cutting weapon) on his head, due to which, he died during course of treatment. Learned counsel for the petitioner submits that petitioner has falsely been implicated in this case and he has not

Patna High Court CR. MISC. No.32719 of 2020(2) dt.07-12-2020 2/2 committed any offence in the manner alleged. Learned counsel further submits that the petitioner and the informant are covillagers and co-sharers and the dispute had arisen between them on the point of cutting of bamboo. Learned counsel also submits that petitioner is an old person of about 78 years of age. Learned counsel next submits that petitioner has also lodged counter case for the incident which has taken place on the same date and time being Semara P.S. Case No. 33 of 2020 against the informant and others.

Having regard to the submissions made by the parties and taking into consideration the materials on record and the fact that there is specific allegation against the petitioner that he assaulted on the head of the deceased with Farsa, I am not inclined to grant regular bail to the petitioner. Accordingly, the prayer for bail of the petitioner stands rejected.

However, the petitioner may renew his prayer for bail after six months if the trial does not show any progress. (Anil Kumar Sinha, J) S.Ali/- U T