Kranti Ram @ Kranti Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.37957 of 2023 Arising Out of PS. Case No.-253 Year-2022 Thana- DARBHANGA District- Darbhanga ====================================================== Kranti Ram @ Kranti Kumar Son Of Late Jawahar Ram Resident Of Mohalla- Jethiyahi, Ps- Town, District- Darbhanga ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ajay Kumar Thakur Ms. Vaishnavi Singh For the Opposite Party/s :

Mr.Pawan Kumar Chaurasia ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 25-01-2024 Heard learned counsel for the petitioner, informant and learned A.P.P appearing on behalf of the State.

The petitioner is languishing in custody in a case registered for the offences punishable under Sections 341, 323, 324, 307, 302/34 of the Indian Penal Code.

It is a case of commission of murder of the brother of the informant by all the F.I.R named accused persons including the petitioner. It is specifically alleged against the petitioner that he assaulted with dagger to

Patna High Court CR. MISC. No.37957 of 2023(7) dt.25-01-2024 2/3 the informant and his brother.

It is submitted by learned counsel for the petitioner that petitioner is innocent and he has falsely been implicated in this case. For the alleged occurrence of 07.09.2022, F.I.R was registered on 09.09.2022 without explaining the delay. Prior to lodging of the present case, the wife of the deceased has given her fardbeyan before the police stating therein that one Lucky Kumar is alleged to have assaulted her husband namely Kundan Kumar (deceased). It is the case of the informant that police was present when the occurrence took place but it is surprising that no case was registered by the police. The petitioner is languishing in custody since 13.12.2022. A statement has been made in para 3 of the petition that petitioner is accused in two other cases apart from the present one.

In contra, learned counsel appearing on behalf of the informant and learned A.P.P appearing on behalf of the State have vehemently opposed the prayer for

Patna High Court CR. MISC. No.37957 of 2023(7) dt.25-01-2024 3/3 bail of the petitioner and submitted that it is the specific case of the informant that this petitioner inflicted dagger blow to the informant as well as the brother of the informant, as a result of which, the brother of the informant succumbed to the injuries. The independent witnesses also supported the case of the prosecution. The postmortem report also corroborates the prosecution version.

Considering the fact that thrust of accusation is against the petitioner, this Court is not inclined to grant bail to the petitioner.

The prayer for grant of bail to the petitioner stands rejected.

The Trial Court is directed to expedite the trial and conclude the same at the earliest.

(Sunil Kumar Panwar, J) Shageer/- U T