Shambhu Ram v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.49646 of 2016 Arising Out of PS.Case No. -43 Year- 2016 Thana -TARAIYA District- SARAN ====================================================== Shambhu Ram, Son of Late Bhageshwar Ram, Resident of VillageRampur Mahesh, P.S.- Taraiya, District- Saran. .... .... Petitioner

Versus

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

For the Petitioner : Mr. Anuj Kumar, Adv. For the Opposite Party : APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 16-12-2016 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner is in custody since 02.03.2016 in connection with Sessions Trial No. 468 of 2016 arising out of Taraiya P.S. Case No. 43 of 2016 for the offences alleged under Sections 302/34 of the Indian Penal Code.

3. It is submitted that the petitioner has been falsely implicated as the informant is not an eye witness to the alleged occurrence. Even according to the F.I.R., there is no repetition of assault and hence there could not be an intention to murder.

4. Considering that the petitioner is said to be the main assailant having assaulted the deceased on the head

Patna High Court Cr.Misc. No.49646 of 2016 (2) dt.16-12-2016 2/2 with farsa causing death, this Court is not inclined to grant the privilege of bail to the petitioner. The bail petition stands dismissed.

(Vikash Jain, J) Md. Ibrarul/Chandran U T