Satyadeo Ram v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.13097 of 2016 Arising Out of PS.Case No. -96 Year- 2013 Thana -GUTHNI District- SIWAN ======================================================

1. Satyadeo Ram S/o Late Rajbanshi Ram Resident of village - Kishunpali, P.S. Daraulee, District - Siwan .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Bhaskar Shankar For the Opposite Party/s : Mr. T.N.Thakur(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 11-05-2016 Heard the learned counsel for the petitioner, the learned A.P.P for the State as also the learned counsel for the Informant.

The petitioner seeks bail in a case for the offences punishable under sections 302, 307, 447, 147, 148 and 149 of the I.P.C and section 27 of the Arms Act.

The allegation against the petitioner is that he shot Raj Narayan Singh @ Raju Singh, the son of the informant twice resulting he fell down and thereafter he succumbed to the injuries. Submission is of false implication and that due to the political rivalry the petitioner has been implicated, there is case and counter case, the postmortem report is not consistent with the prosecution version, during investigation it has come that the

Patna High Court Cr.Misc. No.13097 of 2016 (3) dt.11-05-2016 2/2 petitioner was in a meeting at Village- Muriari which is 20 kilometer away from the place of occurrence and this fact has come in paragraphs- 236, 237 and 238 of the case diary. The learned A.P.P. duly assisted by the learned counsel for the informant seriously opposes prayer for bail by submitting that the plea of defence has come after long lapse of time that is recorded on 27.12.2015, whereas, the First Information Report was lodged on 06.07.2013 itself. Besides the informant other witnesses including the injured have supported the allegation that the petitioner is the assailant of Raj Narayan Singh @ Raju Singh.

In the facts and circumstances as stated above, considering the allegation attributed against the petitioner, serious in nature, I am not inclined to enlarge the petitioner on bail and accordingly his such prayer stands rejected in connection with Guthani P.S. Case No. 96 of 2013 pending in the court of the A.C.J.M. 5th, Siwan.

(Jitendra Mohan Sharma, J) Abhay/- U T