Gopal Ram v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.48845 of 2021 Arising Out of PS. Case No.-12 Year-2019 Thana- BAGHA District- West Champaran ====================================================== GOPAL RAM S/O LATE BHARDUL RAM R/o village- Jamunapur Farsahoni, P.S.- Laukriya (Pathkhauli), District- West Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Zainul Abedin For the Opposite Party/s :

Mr.Dinesh Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 24-01-2022 Heard learned counsel for the petitioner and the State. The matter has been taken up through video conferencing.

Petitioner seeks regular bail in a case registered for the offence punishable under Section 302, 34 of the Indian Penal Code.

As per the prosecution case, this petitioner assaulted the deceased with Farsa on his head causing his death. Learned counsel appearing for the petitioner submits that petitioner is innocent and has falsely been implicated in the case. It is submitted that allegation against this petitioner is that he assaulted the deceased with Farsa but in the post mortem report only injury caused by hard and blunt object was found. Petitioner claims clean antecedent and is in custody since

Patna High Court CR. MISC. No.48845 of 2021(3) dt.24-01-2022 2/2 25.04.2020 and investigation in this case is complete. Learned counsel appearing for the State opposes the prayer for bail and submits that petitioner is assailant of the deceased and injury found in post mortem report can be caused by Farsa also.

Considering the nature of accusation and gravity of the offence, I am not inclined to enlarge the petitioner on bail. Accordingly, the same is rejected.

(Prabhat Kumar Singh, J) BKS/- U T