Pramod Ram v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.71982 of 2019 Arising Out of PS. Case No.-102 Year-2018 Thana- SARMERA District- Nalanda ====================================================== PRAMOD RAM Son of Suresh Ram Resident of Pendi, P.S.-Sarmera, District-Nalanda.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Ashok Kumar, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 05-03-2020 Heard Mr. Abhay Kumar Singh for the petitioner and Mr. Ashok Kumar for the State. The petitioner who is in custody since 08.09.2018 seeks bail in connection with Sarmera P.S. Case No. 102 of 2018 instituted for the offences under Sections 302, 307, 34 of the Indian Penal Code and Section 27 of the Arms Act.

The wife of the deceased has alleged in the F.I.R that the petitioner and two others dragged the deceased out of the house and the petitioner thereafter fired from his weapon, killing the deceased.

Mr. Abhay Kumar Singh, learned advocate for

Patna High Court CR. MISC. No.71982 of 2019(4) dt.05-03-2020 2/3 the petitioner has submitted that there is a counter version of the occurrence in which the petitioner has also been injured and this fact has not been stated in the F.I.R. The only inference therefore, he has argued, is that either the prosecution version is not correct or the petitioner has falsely been implicated in this case because of family dispute regarding partition. The learned advocate for the petitioner has informed this Court that up till now, only three witnesses have been examined.

Considering the nature of accusation against the petitioner, this Court is not inclined to grant bail to the petitioner for the present.

However, the Trial Court is directed to conclude the trial expeditiously, preferably within a period of six months from the date of receipt/production of a copy of this order.

If the trial is not concluded within the aforesaid period, it would be open for the petitioner to approach

Patna High Court CR. MISC. No.71982 of 2019(4) dt.05-03-2020 3/3 this Court for grant of bail.

With the aforesaid observation, the petition stands disposed off.

(Ashutosh Kumar, J) Shageer/- U T