Ram Kishun Chauhan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.48476 of 2019 Arising Out of PS. Case No.-138 Year-2019 Thana- PAKARIBARAW District- Nawada ====================================================== Ram Kishun Chauhan Son of Late Naresh Chauhan @ Ram Naresh Chauhan Resident of Village - Amarpur Beldari, P.S.- Pakaribarwan, District - Nawada. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sudhir Kumar Sinha For the Opposite Party/s :

Mr.Bhanu Pratap Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 08-08-2019 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in a case initially registered under Sections 341, 323, 324, 325, 307/34 of the Indian Penal Code and 27 of the Arms Act and later on, Section 302 of the Indian Penal Code was also added.

The prosecution case, in brief, is that in the Bhoj of Grih Pravesh, the accused persons assaulted the informant and others. Firing was also made, as a result of which, one Shobha Kumari sustained fire-arms injury in her head. In the occurrence, several persons sustained injuries.

It has been submitted on behalf of the petitioner that there is no allegation of tampering of witnesses alleged against the petitioner. The petitioner is in custody since 05-05-2019.

Patna High Court CR. MISC. No.48476 of 2019(2) dt.08-08-2019 2/3 Charge sheet has already been submitted. The petitioner has been falsely implicated in the present case. There is no other substantive evidence to suggest the implication of the petitioner in the present case. In course of investigation, one of the victims, has stated that the pettioner along with other accused had fired upon the deceased. The doctor has found single fire arms injury on the body of the deceased.

On behalf of the State and the counsel for the informant, it is submitted that the petitioner is named in the Complaint Case/F.I.R. The informant is an eye witness to the alleged occurrence. There is specific allegation against the petitioner of firing on the deceased which led to death of the deceased. Considering the facts and circumstances, I am not inclined to grant bail to the petitioner. Accordingly, prayer for bail of the petitioner in connection with Pakaribarawan P.S. Case No. 138 of 2019 is rejected.

The trial court is directed to expedite the trial and conclude the same, preferably within a period of nine months from the date of receipt/production of copy of this order. (Sudhir Singh, J) A.K.V.//- U T

Patna High Court CR. MISC. No.48476 of 2019(2) dt.08-08-2019 3/3