Bali Ram Ray @ Bali Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.48888 of 2023 Arising Out of PS. Case No.-311 Year-2022 Thana- BHANGWANPUR HAT District- Siwan ====================================================== Bali Ram Ray @ Bali Rai Son Of Late Lallan Ray Resident Of VillageMahammadpur, Ps- Bhagwanpur Hat, Dist- Siwan, State- Bihar ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Gajendra Kumar Singh For the Opposite Party/s :

Mr.Shyam Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 11-09-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has prayed for bail in connection with Bhagwanpur Hat P.S. Case No. 311 of 2022 instituted for the offence under Sections 341, 324, 323, 302, 379, 504, 506 and 34 of the Indian Penal Code.

Allegation against the petitioner along with other coaccused persons is that they assaulted the informant' father and thereafter this petitioner gave knife blow in his abdomen due to which he sustained injuries and later on during the course of treatment he died.

It is submitted by learned counsel for the petitioner that petitioner has been falsely implicated in this present case due to land dispute. It is further submitted that the informant is

Patna High Court CR. MISC. No.48888 of 2023(3) dt.11-09-2023 2/2 not the eye witness of the alleged occurrence. A statement has been made in para-3 of this petition that the petitioner has got no criminal antecedent. Moreover, he is languishing in judicial custody since 05.12.2022.

Learned APP appearing for the state has vehemently opposed the prayer of regular bail and submitted that the petitioner is named in FIR and there is direct allegation of stabbing on the informant's father against the petitioner due to which the deceased succumbed to injuries. During investigation, witness supported the prosecution version and also postmortem report corroborated the prosecution case. The doctor opined that the cause of death is Haemorrhage and shock resulting to abdominal injury.

Having heard the learned counsel for the parties and considering the nature of allegation, this court is not inclined to enlarge the petitioner on bail and, as such, his prayer for bail stands rejected.

The trial court is directed to expedite the trial and conclude the same as soon as possible.

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