Patna High Court rejected the bail application of Mahendra Kamkar named in a murder case dated 1990. The court refused to release the petitioner on bail despite the petitioner raising doubts about the prosecution story and citing co-accused's bail, stating he was not inclined to release him.
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Patna High Court Cr.Misc. No.6652 of 2012 (5) dt.30-07-2012
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.6652 of 2012
====================================================== Mahendra Kamkar .... .... Petitioner/s Versus The State Of Bihar .... .... Opposite Party/s CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 05/ 30.07.2012 Heard learned counsel for the petitioner as well as learned Addl. Public Prosecutor for the State.
Petitioner is named in the first information report with allegation that he committed murder of informant’s son by opening fire arm on him.
Admittedly, the alleged occurrence took place in the year 1990 and the petitioner could be remanded in this case in the year 2011.
The contention of learned counsel for the petitioner is that the petitioner was not aware about institution of the present case and moreover, prosecution story, as propounded by the informant, is not believable because according to the prosecution case, the alleged occurrence took place in the year 1990 and informant claimed to have identified the petitioner in the light of lantern but in course of investigation, no lantern was seized and, therefore, prosecution story appears to be doubtful. It is further contended by him that the petitioner does not have any criminal antecedent. It is also pointed out by him that co–accused Arjun Mushar has already been granted privilege of bail by another bench of this court vide order dated 19.3.2012 passed in Cr. Misc. no. 8269/2012.
Patna High Court Cr.Misc. No.6652 of 2012 (5) dt.30-07-2012
Regard being had to the facts and circumstances as well as submissions of the parties, particularly, keeping in mind the allegation levelled against the petitioner, I am not inclined to release the petitioner on bail and accordingly, his prayer for bail in connection with Sikraul P.S. Case no. 15/1990 pending in the court of the Sub divisional Judicial Magistrate, Buxar is, hereby, rejected.
shahid
(Hemant Kumar Srivastava,J)
3 issues framed by the court
Whether the petitioner should be released on bail despite the lapse of 21 years since the alleged murder occurred and doubts regarding the prosecution case.
Whether the proximity of the petitioner's bail history with a co-accused justifies granting bail in this case.
Whether the petitioner's argument regarding lack of notice and doubtful evidence of identification warrants release on bail.
Mahendra Kamkar
The State Of Bihar
Hemant Kumar Srivastava
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
