Bechan Ram @ Bachan Ram v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.2573 of 2021 Arising Out of PS. Case No.-33 Year-2005 Thana- SHIVSAGAR District- Rohtas ====================================================== BECHAN RAM @ BACHAN RAM SON OF RAMANAND RAM @ RAM NANDAN RAM RESIDENT OF VILLAGE - KHUDHNU KALA, P.S. - CHENARI, DISTRICT - ROHTAS ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Rajani Kant Singh For the Opposite Party/s :

Mr. Yogendra Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 06-04-2021 Heard Mr. Rajani Kant Singh, learned counsel for the petitioner and Mr. Yogendra Kumar Singh, learned counsel for the State through video conferencing.

Petitioner seeks regular bail in connection with Sessions Trial No. 147 of 2020 arising out of Shivsagar (Baddi) P.S. Case No. 33 of 2005 registered for the offence under Section 364 / 302 / 34 of the I.P.C., Section 17 of the C.L.A. Act and Section 27 of the Arms Act.

The allegation against the petitioner as per the First Information Report is that he along with other accused persons named in the F.I.R. and 100 miscreants (Naxals) in 03 groups surrounded the brother of the informant and two others and

Patna High Court CR. MISC. No.2573 of 2021(3) dt.06-04-2021 2/3 kidnapped them and subsequently killed the brother of the informant Raju Singh.

Learned counsel for the petitioner submits that petitioner has falsely been implicated in this case and he has not committed any offence in the manner alleged. Learned counsel next submits that petitioner has got no criminal antecedent and no overt act has been alleged against him and at best he has been shown to be a member of unlawful assembly. Learned counsel next submits that petitioner is not having any concern with the Naxal Organization and he is in custody since 01.07.2020.

On the other hand, learned counsel for the State submits that F.I.R. was lodged in 2005 and charge sheet against the petitioner has been submitted declaring him as absconder and the petitioner remained absconder for about 15 years. Having regard to the submissions made by learned counsel for the parties and taking into consideration the materials available on record and the fact that petitioner has been declared as absconder, I am not inclined to grant regular bail to the petitioner at this stage.

Accordingly, the same stands rejected.

However, the petitioner may renew his prayer for

Patna High Court CR. MISC. No.2573 of 2021(3) dt.06-04-2021 3/3 regular bail after framing of charge.

(Anil Kumar Sinha, J) praful/- U T