The Patna High Court refused regular bail to the petitioner, Ram Gulam Singh, accused of murder under Sections 302 and 34 of the IPC. The court considered the nature of the accusation, investigation material supporting hostile relations over a land dispute, and a prior rejection of bail for a co-accused.
The prayer for regular bail was refused.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.16443 of 2021
Arising Out of PS. Case No.-250 Year-2020 Thana- BHAGWANPUR District- Begusarai
====================================================== Ram Gulam Singh Son Of Late Shideshwar Singh @ Shideshwar Singh Resident Of Village-Gara, Police Station -BHAGWANPUR, District Begusarai ….petitioner r
Versus The State Of Bihar ... Opposite Party ====================================================== Appearance : For the Petitioner : Mr.Sandip Kumar Gautam, Advocate For the Opposite Party/s : Mr.A.G. ======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER
4 22-11-2021 Heard learned counsel for the petitioner, the State and the informant and perused the case diary.
The petitioner seeks regular bail registered for the offences punishable under sections 302/34 of the Indian Penal Code.
As per the prosecution case, when the informant got information that her father and her brother have been killed by the petitioner and other accused persons, all named in the FIR, in village Gara, she reached there and saw that both the dead bodies were lying near the dam of the river in the pool of blood sustaining sharp cut injuries over neck, head, back and other parts of the body.
Learned counsel for the petitioner submits that the petitioner and deceased are co-sharers and there was land dispute between them due to which all the family members of the petitioner has falsely been roped in this case. Informant is not the eye witness of the occurrence and none of the
Patna High Court CR. MISC. No.16443 of 2021(4) dt.22-11-2021 2/2
independent witnesses have supported the prosecution case during course of investigation. Petitioner is in custody since 22.10.2020.
Learned counsel for the State as well as the informant oppose the prayer for bail. They submit that apart from the direct allegation against the petitioner and other accused persons in the FIR, during course of investigation also, material has been collected to the effect that there was hostile relation between the petitioner’s family and the deceased because of land dispute leading to murder of father and brother of the informant by the accused persons which is also supported by the post mortem report. More so, prayer for bail of one of the similarly situated co-accused Veer Kunwar Singh has already been rejected by a co-ordinate bench of this Court vide Cr.Misc.No. 16288/2021.
Considering the nature of accusation against the petitioner and the material collected during course of investigation, his prayer for bail is refused.
(Prabhat Kumar Singh, J)
shashi/- U T
2 issues framed by the court
Whether regular bail is maintainable for the petitioner accused of offences under Sections 302 and 34 of the IPC in a murder case involving family dispute.
Whether the material collected during investigation against similar co-accused justifies refusal of bail in this case.
2 provisions across 1 enactments
Ram Gulam Singh
The State of Bihar
Prabhat Kumar Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
