Hira Lal Prasad v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.54987 of 2021 Arising Out of PS. Case No.-27 Year-2019 Thana- MAJHAULIA District- West Champaran ====================================================== HIRA LAL PRASAD Son of Ram Chandra Bhagat @ Ram Chandra Resident of Village- Hari Pakari, P.O and P.S.- Majhaulia, District- West Champaran. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sunil Kumar Singh, Adv.

For the Opposite Party/s :

Mr.Pramod Kumar Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 15-12-2021 Heard the learned counsel for the petitioner and the learned APP for the State.

The present petition is by way of second attempt at the behest of the petitioner for grant of bail in connection with Majhaulia PS case no. 27 of 2019 instituted for the offences punishable under Sections 304(B), 201/34 of Indian Penal Code, inasmuch as the earlier prayer of the petitioner for grant of bail was rejected vide order dated 04.01.2021, passed in Cr. Misc. no. 13136 of 2020.

The accused persons including the petitioner herein, who happens to be the husband of the deceased victim lady are stated to have killed the deceased victim lady by setting her on fire.

The learned counsel for the petitioner has

Patna High Court CR. MISC. No.54987 of 2021(3) dt.15-12-2021 2/2 submitted that the petitioner is languishing in custody since 16.01.2019 and as far as the trial is concerned, four witnesses have been examined, out of which, two witnesses have not supported the case of the prosecution.

Per contra, the learned A.P.P. 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 parties and taking into account the materials available on record, this Court does not find that there is any change in circumstance so as to warrant re-consideration of the prayer of the petitioner for grant of bail. Accordingly, the present petition stands dismissed.

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