Jai Ram Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.48564 of 2022 Arising Out of PS. Case No.-254 Year-2021 Thana- PARSA District- Saran ====================================================== Jai Ram Rai Son Of Ram Naresh Rai Resident Of Village - Marar, P.S.- Parsa, Distt.- Saran At Chapra.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Anish Chandra For the Opposite Party/s :

Mr.Md. Ataur Rahman ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 19-01-2023 Heard learned counsel for the petitioner, learned counsel for the informant and learned APP for the State. The petitioner has filed the instant application for grant of regular bail in a case registered for the offences punishable under Sections 147, 148, 149, 341, 323, 307, 302, 325 of the Indian Penal Code.

The prosecution in nutshell that petitioner along with other co-accused persons, variously armed, came at the land of the father of informant and started construction. When the father of informant raised objection, then petitioner along with other co-accused assaulted him. Specific allegation against the petitioner is that he assaulted

Patna High Court CR. MISC. No.48564 of 2022(3) dt.19-01-2023 2/3 the father of informant by means of farsa and iron rod incessantly, due to which he succumbed to injuries. When family members of the informant came to his rescue, they were also assaulted by them.

It is submitted by learned counsel for the petitioner that petitioner has been falsely implicated in this. Petitioner is in judicial custody since 09.08.2021. It is further submitted that there is case and counter case between the parties and also there is land dispute between them. Learned APP appearing on behalf of the State and learned counsel for the informant vehemently opposed the prayer of the petitioner and submitted that during investigation, witnesses supported the prosecution version of the case. There is specific allegation levelled against the petitioner of assaulting the father of the informant due to which he succumbed to injuries. From perusal of the postmortem report, it appears that several injuries have been sustained by the informant's father and doctor has opined the injury caused by hard and blunt substance. Having heard the learned counsel for the parties

Patna High Court CR. MISC. No.48564 of 2022(3) dt.19-01-2023 3/3 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.

Learned trial court is directed to expedite the trial and conclude the same within a period of six months. However, if the trial of the petitioner is not concluded within a period of six months, he would be at liberty to renew his prayer for bail.

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