Pramod Kumar @ Pramod Prasad v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.10112 of 2021 Arising Out of PS. Case No.-85 Year-2019 Thana- PARAIYA District- Gaya ====================================================== Pramod Kumar @ Pramod Prasad Son of Nago Mahto @ Nagendra Prasad @ Nagendra Mahto Resident of Village - Pranpur, P.S. - Paraiya, District - Gaya ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Ms. Lilawati Singh, Adv.
For the Opposite Party/s :
Mr. Shailendra Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 10-08-2021 Heard learned counsel for the parties through video conferencing.
The petitioner has preferred this application for grant of regular bail in a case registered under section 302 and other sections of the Indian Penal Code and section 27 of the Arms Act.
As per allegations in the F.I.R., the petitioner is stated to have shot the brother of the informant with a pistol in his head.
It is submitted by learned counsel for the petitioner that petitioner has been falsely implicated in the case. The manner of occurrence is other than what has been narrated in the F.I.R. There was no occasion nor any motive for the petitioner to commit the alleged crime. He is in custody since 27.7.2019 and
Patna High Court CR. MISC. No.10112 of 2021(4) dt.10-08-2021 2/2 there is no progress in the case/trial in the learned court below. The application for bail is opposed by learned A.P.P. for the State who submits that not only the petitioner is the main assailant but from perusal of the order of the learned Sessions Judge, it would transpire that the allegations are supported from the contents of the post-mortem report.
Having heard learned counsel for the parties and taking into consideration the facts that the petitioner is stated to be the main/sole assailant of the deceased brother of the informant, the Court is not inclined to enlarge the petitioner on bail and the application is rejected.
Learned trial court is directed to expedite the trial. (Partha Sarthy, J) Saurabh/- U T