Ravi Kumar @ Ravi Kumar Sah v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL APPEAL (SJ) No.4381 of 2022 Arising Out of PS. Case No.-82 Year-2022 Thana- MUSRIGHRARI District- Samastipur ====================================================== Ravi Kumar @ Ravi Kumar Sah Son Of Mahesh Sah @ Mahesh Prasad Sah Resident Of Village- Bishambharpur Ailoth, P.S.- Musarigharari, DistrictSamastipur ... ... Appellant/s
Versus
1.
The State of Bihar 2.
Karpuri Das Son of Late Ramswarup Das Resident of Village- Latbasepura, P.S.- Musrigharari, District- Samastipur ... ... Respondent/s ====================================================== Appearance :
For the Appellant/s :
Mr.Pravin Kumar For the Respondent/s :
Mr.Usha Kumari 1 ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 20-07-2023 Heard learned counsel for the appellant, informant and learned Special P.P for the State. The appellant has challenged the order dated 30.08.2022 passed by learned Special Judge, SC/ST Act, Samastipur in connection with Musrigharari P.S. Case No. 82 of 2022 instituted for the offences punishable under Sections 302/34 of the Indian Penal Code and Sections 3(2)(v) of the SC/ST (Prevention of Atrocities) Act whereby his prayer for being released on bail has been rejected.
Patna High Court CR. APP (SJ) No.4381 of 2022(6) dt.20-07-2023 2/3 It is a case of commission of murder of the son of the informant by all the F.I.R named accused persons including the appellant.
It is submitted by learned counsel for the appellant that appellant is innocent and he has falsely been implicated in this case. The informant is not the eye witness to the occurrence and only on the basis of suspicion, the appellant has been roped in the present case. The Bolero vehicle in question which was used for dumping the dead body of the son of the informant does not belong to the appellant. The appellant is languishing in custody since 13.05.2022.
Learned Counsel appearing on behalf of the informant and learned Special P.P appearing on behalf of the State have vehemently opposed the prayer for bail of the appellant and submitted that the witnesses in para 90 and 91 of the case diary has specifically alleged the involvement of the appellant in the commission of murder of the son of the informant. The appellant has
Patna High Court CR. APP (SJ) No.4381 of 2022(6) dt.20-07-2023 3/3 also confessed his guilt and on his self confession, the alleged Bolero vehicle which was used for commission of murder was recovered. The other witnesses have also supported the case of the prosecution.
Considering the fact that there is specific allegation against the appellant, this Court is not inclined to grant the privilege of bail to the appellant. The prayer for grant of bail to the appellant stands rejected. The appeal stands dismissed.
The Trial Court is directed to expedite the trial and conclude the same at the earliest.
(Sunil Kumar Panwar, J) Shageer/- U T