Bikash Lohra v. the State of Jharkhand

IN THE HIGH COURT OF JHARKHAND AT RANCHI B.A. No. 586 of 2022 Bikash Lohra @ Vikash Lohra …… ….. Petitioner Versus The State of Jharkhand …. …. Opp. Party

CORAM : HON’BLE MR. JUSTICE SUBHASH CHAND

-----For the Petitioner : Mr. K.S. Nanda, Advocate For the State : Mr.Subodh Kr. Dubey, A.P.P

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5/20.07.2022 Heard learned counsel for the applicant and learned APP for the

State.

The bail application has been filed on behalf of the abovenamed applicant with a prayer to release on bail in connection with Simdega Muffasil P.S. Case No.18/2020 under sections 302 of the IPC, pending in the court of learned Principal Sessions Judge, Simdega.

Learned counsel for the applicant has submitted that FIR of this case was lodged against the named accused Bikash Lohra @ Vikash with these allegations that on 30.08.2020 of evening he was standing under Black Berry tree (rose-apple tree) adjacent to his house at the same time, the accused Bikash Lohra @ Vikash Lohra armed with piece of wood and hurling abuse to the mother of the informant, assaulted her with the wood repeatedly. The informant came to rescue his mother, he was also criminally intimidated by Bikash Lohra @ Vikash Lohra and with fear he could not intervene. The mother of the informant sustained head injury and ultimately succumbed to injuries.

Learned counsel for the applicant has submitted that the informant is not eye witness of occurrence. The alleged weapon fire-wood was not used by the applicant. He has been languishing in jail since 31.08.2020. The prosecution case is not based on direct evidence.