Md. Ramjan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.10378 of 2015 Arising Out of PS.Case No. -44 Year- 2014 Thana -RAMGARHWA District- EAST CHAMPARAN (MOTIHARI) ====================================================== Md. Ramjan, Son of Md. Abdul Bari, resident of village - Jumaitola, P.S. - Ramgarhwa, District - East Champaran.

.... .... Petitioner/s

Versus

The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance:

For the Petitioner/s : Mr.

For the Opposite Party/s : Mr.

====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 12-05-2015 Heard both sides.

The petitioner seeks regular bail in a case registered under Sections 302, 307, 34 of the Indian Penal Code and Section 27 of the Arms Act.

The informant alleged that while he along with his father and others were returning from Ramgarhwa on a jeep and as soon as they reached near Sona Bandh, the petitioner and others came there. On the order of Md. Abdul Bari, Md. Wazir and Md. Mahfooj, both sons of Md. Abdul Bari, dragged his father outside the jeep. Md. Naseeb fired at the head of his father Sheikh Ibrahim. Thereafter, the petitioner Md. Ramjan fired at the chest of the deceased Sheikh Ibrahim. Md. Nasrullah fired which hit on the waist of Sheikh Ibrahim. Thereafter, Md. Wazir and others also fired. Learned counsel for the petitioner submits that the

Patna High Court Cr.Misc. No.10378 of 2015 (5) dt.12-05-2015 2/2 informant has stated in his Fardbeyan that he brought the dead body of his father to his house, but from perusal of Para 7 of the case diary, it appears that the investigating officer has described about the place of occurrence and before that he made inquest report immediately after the occurrence.

There is a very specific allegation against the petitioner that he also fired which hit on the chest of the deceased Sheikh Ibrahim. Hence, I am not inclined to enlarge the petitioner on bail in Ramgarhwa P.S. Case No. 44/2014. Accordingly, the same is rejected.

The trial court is directed to expedite the trial and conclude the same within one year from the date of receipt/production of copy of this order. If the trial is not concluded within the aforesaid stipulated period of time, the petitioner may renew his prayer for bail firstly in the trial court. (Prabhat Kumar Jha, J) Dilip/- U T