Krishna Ram v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No. 796 of 2023 Arising Out of PS. Case No.-64 Year-2022 Thana- ISUAPUR District- Saran ====================================================== Krishna Ram Son Of Late Ramlal Ram R/O Vill.- Murwa, P.S.- Isuapur, Distt.- Saran (CHAPRA) ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sachida Nand Rai For the Opposite Party/s :

Mr.Chandra Sen Prasad Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 31-07-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has prayed for regular bail in a case registered for the offence punishable under sections 302, 34 of the Indian Penal Code.

As per F.I.R., the allegation against unknown miscreants is that they committed murder of the informant's son by means of sharp weapon.

Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. There is no eye witness of the alleged occurrence and the petitioner has falsely been implicated in this case merely on the basis of confessional statement of co-accused, namely, Abhishek Kumar. It is further submitted that the petitioner is languishing in

Patna High Court CR. MISC. No. 796 of 2023(4) dt.31-07-2023 2/2 judicial custody since 20.04.2022.

Learned APP appearing for the state has vehemently opposed the prayer of regular bail and submitted that during investigation, the petitioner and co-accused confessed their guilt in respect of commission of murder of the informant's son which is mentioned at paras 38 and 40 of the case diary. It is further submitted that at the instance of the petitioner weapon (fasuli) was also recovered which is used in commission of the offence. And the Postmortem Report also supported the prosecution version.

Having heard the learned counsel for the parties and considering the fact that there is direct allegation against the petitioner of assaulting by means of fasuli upon the head of the deceased, resulting into his death, this court is not inclined to enlarge the petitioner on bail and, as such, his prayer for bail stands rejected.

The trial Court is directed to expedite the trial and conclude the same as soon as possible.

(Sunil Kumar Panwar, J) Manishkumar/- U T