Ram Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.67018 of 2021 Arising Out of PS. Case No.-229 Year-2020 Thana- KHAJEKALA District- Patna ====================================================== RAM SINGH Son of Late Bengali Singh Resident of Village - Lala Toli, P.S.- Khajekalan, Distt.- Patna.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Kumar Rajeev, Advocate For the Opposite Party/s :

Ms. Meena Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 16-05-2022 Heard learned counsel for the parties.

The petitioner has preferred this application for grant of regular bail in a case registered under sections 302, 307, 341, 326, 120B and 34 of the Indian Penal Code.

As per the prosecution case, the petitioner is said to have shot the brother of the informant in his head leading to his death in course of treatment.

It is submitted by learned counsel appearing for the petitioner that the petitioner has been falsely implicated in the case. Only the informant claims to be an eye witness to the occurrence. Learned counsel for the petitioner has taken the Court through the statement of the witnesses recorded in paragraph nos, 23, 24, 31, 67 and 68 of the case diary to submit that all are hearsay witnesses who claim to have received

Patna High Court CR. MISC. No.67018 of 2021(3) dt.16-05-2022 2/2 information from the informant. Referring to Annexures 2 and 3 to this petition, it is submitted that the informant has sworn an affidavit and file a petition to the effect that he did not see the occurrence. The petitioner is in custody since 22.9.2020 and chargesheet has been submitted in the case.

Heard learned APP for the State.

Having heard learned counsel for the parties and taking into consideration the direct allegation against the petitioner of having shot the brother of the informant in his head together with the allegations being supported from the contents of the postmortem report, 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) Spd/- U T