Raju Ram v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.35379 of 2023 Arising Out of PS. Case No.-81 Year-2011 Thana- MOTIHARI MUFASIL District- East Champaran ====================================================== RAJU RAM S/O GULCHAND RAM R/O Village-Baswariya, P.S.-Mufassil, Motihari, Dist. East Champaran ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Ram Kishun Prasad , Advocate For the Opposite Party/s :

Mr. Md. Fahimuddin, Addl. Public Prosecutor ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 21-07-2023 Heard learned counsel for the petitioner and the State.

2. Petitioner apprehends arrest in a case registered for the offence punishable under sections 302, 34 of the Indian Penal Code.

3. Allegation against this petitioner is that he brutally assaulted the son of informant namely Gagan Ram on his neck with brick in which he sustained injury and fell down and during course of treatment died.

4. It is submitted that the petitioner is innocent and has falsely been implicated in this case due to previous enmity. As a matter of fact, on occasion of holi festival deceased was in intoxicated condition and began to abuse other accused persons

Patna High Court CR. MISC. No.35379 of 2023(2) dt.21-07-2023 2/2 and tore the shirt of co-accused Jhiman Ram and also assaulted with fist and slaps, meanwhile he fell down on the brick and died. Petitioner claims clean antecedent.

5. Learned counsel for the State opposes the prayer for bail and submits that witnesses have supported the prosecution case in prara 7, 8, 9, 10, 11 and 12 of C.D. It is further submitted that Post Mortem report also supports the prosecution case.

6. Considering the nature and gravity of allegation, prayer for pre-arrest bail of the petitioner is rejected. (Prabhat Kumar Singh, J) Kaushik/- U T