Patna High CourtCR. MISC./56728/2021dismissed

Gopal Ram @ Kapil Deo Ram v. The State Of Bihar

2021-11-17Mr. Justice Mohit Kumar Shah2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.56728 of 2021 Arising Out of PS. Case No.-220 Year-2006 Thana- KANTI District- Muzaffarpur ====================================================== GOPAL RAM @ KAPIL DEO RAM Son of Late Rijhan Ram Resident of Village - Sainpatti Bherihar Tola, P.s.- Kanti, Distt.- Muzaffarpur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Arvind Kumar, Advocate For the Opposite Party/s :

Mr.Pramod Kumar Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 17-11-2021 Heard the learned counsel for the petitioner and Sri Pramod Kr. Pandey, 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 Kanti PS case no. 220 of 2006 under Section 302 of Indian Penal Code, inasmuch his prayer for grant of bail was rejected by this Court vide order dated 22.12.2020, passed in Cr. Misc. no. 35005 of 2020.

The allegation in brief is regarding the accused persons including the petitioner herein having assaulted the nephew of the informant resulting in his subsequent death. The learned counsel for the petitioner has submitted that the petitioner is languishing in custody since 06.07.2020 and there is no progress in the trial.

Patna High Court CR. MISC. No.56728 of 2021(2) dt.17-11-2021 2/2 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, this Court finds that the petitioner had been absconding since the year 2006 and had surrendered only in the year 2020 and moreover, there is no change in circumstance so as to warrant reconsideration of the prayer of the petitioner for grant of bail, hence the present petition stands dismissed. (Mohit Kumar Shah, J) rinkee/- U T