Bail application dismissed in a murder case (IPC 302/34) under Section 438 CrPC. Court rejected plea citing eyewitness corroboration by informant and postmortem report, noting five firearm injuries despite submission of no independent witnesses by cross-accused.
Petitioner's bail application dismissed; trial to be concluded within nine months.
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.11962 of 2014
Arising Out of PS.Case No. -186 Year- 2012 Thana -PAKARIBARAWAN District- NAWADA ====================================================== Niranjan Yadav Son Of Kuldeep Yadav Resident Of Village- Dharhara, P.S- Pakaribrawan, District- Nawada. .... .... Petitioner/s Versus The State Of Bihar
.... .... Opposite Party/s
====================================================== Appearance :
For the Petitioner/s : Mr.
For the Opposite Party/s : Mr.
====================================================== CORAM: HONOURABLE MR. JUSTICE AHSANUDDIN AMANULLAH
ORAL ORDER
4 15-07-2014 Heard learned counsel for the petitioner, Mr. Sanjay Kumar, learned A.P.P. for the State and learned counsel for the informant, who has suo motu appeared.
The petitioner seeks bail in Pakribarawan P.S. Case No. 186 of 2012 dated 06.09.2012 instituted under Sections 302/34 of the Indian Penal Code.
Learned counsel for the petitioner submits that the petitioner has clean antecedent and is in custody since 24.01.2014. It is submitted that there are no independent eye witnesses. He has
Patna High Court Cr.Misc. No.11962 of 2014 (4) dt.15-07-2014
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produced web copy of order dated 26.11.2013 passed by a coordinate Bench of this Court in Cr. Misc. No. 23369 of 2013 and Cr. Misc. No. 31863 of 2013 by which co-accused namely, Bishnudeo Yadav and Ajit Kumar @ Ram Balak Yadav have been granted bail. Let the same be kept on record.
Learned A.P.P. for the State, upon going through the case diary, and learned counsel for the informant oppose the prayer for bail. It is submitted that the petitioner has been seen by the witness, who is the informant, committing the crime and the postmortem report also corroborates the allegation since five firearm injuries have been found. It is further submitted that the witnesses who were ploughing their field have also named the petitioner as one of the assailants.
Considering the facts and circumstances of the case and submissions of learned counsels for the parties, this Court is not inclined to enlarge the petitioner on bail.
Accordingly, the application stands dismissed.
However, the court below shall expedite the trial and conclude the same within nine months.
(Ahsanuddin Amanullah, J.)
Anjani/U T
3 issues framed by the court
Whether the petitioner should be granted bail in a murder case where the informant witnessed the crime and the victim had multiple firearm injuries.
Whether the coordinate bench order granting bail to co-accused warrants bail for the present petitioner.
Whether the trial in the murder case should be expedited.
1 provisions across 1 enactments
Niranjan Yadav
The State of Bihar
Ahsanuddin Amanullah
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
