Hareram Lal v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.34957 of 2020 Arising Out of PS. Case No.-404 Year-2019 Thana- KATEYA District- Gopalganj ====================================================== HARERAM LAL Son of Dinanath Lal Resident of Village - Nirpat Chhapar, P.S.- Kateya, District - Gopalganj.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sanjay Kumar Pandey No.5, Adv.

For the Opposite Party/s :

Mr.Ashok Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 01-02-2021 Heard the learned counsel for the petitioner and the learned APP for the State, Ashok Kumar. The petitioner seeks regular bail in connection with Kateya P.S. Case No. 404 of 2019 (G.R.No. 3639 of 2019), registered for the offence punishable under Sections 341, 323, 324, 325, 307, 354B, 504 and 34 of the Indian Penal Code. The allegation is regarding the accused persons including the petitioner herein having assaulted the informant and others and as far as the petitioner is concerned, he is stated to have assaulted Amta Gupta on his head resulting in his subsequent death.

Patna High Court CR. MISC. No.34957 of 2020(4) dt.01-02-2021 2/3 The learned counsel for the petitioner has submitted that the petitioner is innocent, he has been falsely implicated in the present case, he is having a clean antecedent and he is languishing in custody since 25.12.2019. The learned counsel for the petitioner has further submitted that the postmortem report does not support the injury inflicted by the petitioner herein, hence, he should be granted the privilege of bail.

Per contra, the learned APP for the State has vehemently opposed the prayer for bail.

Having regard to the facts and circumstances of the case, considering the submissions made by the learned counsel for the petitioner and taking into account the materials available on record as also those available in the case diary, I find that prima facie a case is definitely made out against the petitioner herein and he has been alleged to have assaulted the deceased person resulting in his subsequent death, hence, I do not find any merit in the present case.

Patna High Court CR. MISC. No.34957 of 2020(4) dt.01-02-2021 3/3 Accordingly, the present petition stands dismissed.

(Mohit Kumar Shah, J) Ajay/- U T