Jayram Kumar @ Jayram Prasad @ Jayram Kumar Mahato v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.46201 of 2021 Arising Out of PS. Case No.-186 Year-2001 Thana- ASHTHAWAN District- Nalanda ====================================================== JAYRAM KUMAR @ JAYRAM PRASAD @ JAYRAM KUMAR MAHATO Son of Kamta Mahto Resident of Village - Satakpur, P.S.- Bind, Distt.- Nalanda.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Ms.Priyanka Singh, Advocate For the Opposite Party/s :

Mr. Ashok Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 08-12-2021 Heard the learned counsel for the petitioner and the learned APP appearing for the State.

The present petition is by way of second attempt at the behest of the petitioner for grant of regular bail in connection with, registered under Sections 302, 201/34 of Indian Penal Code and 27 of Arms Act, inasmuch as the earlier prayer of the petitioner for grant of bail was rejected vide order dated 01.06.2020, passed in Cr. Misc. no. 87512 of 2019. The case of the prosecution as per the FIR lodged by the informant Sanjay Kumar is that after the informant along with his younger brother, who had gone to the vegetable field, were returning back to their house, the accused persons including the petitioner, variously armed with countrymade rifle

Patna High Court CR. MISC. No.46201 of 2021(4) dt.08-12-2021 2/3 had arrived at the place of occurrence whereafter they had caught the brother of the informant namely Bipin and had started assaulting him, whereupon protest was made by the informant namely Sanjay Kumar, however the accused persons had forcibly taken the brother of the informant towards the river and had also fired on the informant and his family members, when they had tried to chase the accused persons. It has been further alleged that at the instigation of the co-accused person namely Kamta Prasad, the petitioner and co-accused persons had thrown the brother of the informant in the river and subsequently, the informant and his family members had fished out the dead body of the deceased brother of the informant. The learned Senior counsel for the petitioner has submitted that the petitioner is languishing in custody since 22.04.2019 and the trial is not likely to be concluded in the near future.

The learned APP for the State has vehemently opposed the prayer for bail.

I have heard the learned Senior counsel for the petitioner and the learned APP for the State and I find that the earlier order of this Court dated 01.06.2020 is very exhaustive and after taking into account all the aspects of the matter, the

Patna High Court CR. MISC. No.46201 of 2021(4) dt.08-12-2021 3/3 prayer of the petitioner for grant of bail was rejected, hence I find that there is no change in circumstance, so as to warrant re-consideration of the prayer of the petitioner for grant of bail, hence the present petition stands dismissed.

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