The Patna High Court considered a bail application where the petitioner, arrested for assault with a firearm affecting a co-villager, argued the allegations were false due to past enmity and distance involved. The court, noting direct allegations corroborated by injury reports, dismissed the bail application.
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 12172 of 2014
Arising Out of PS.Case No. -82 Year- 2013 Thana –Barauni GRP CASE District- BEGUSARAI
| ======================== Dharmendra Choudhary Son Of Village - Masudanpur, P.S. Ballia, The State Of Bihar ======================== |
===== Ram Distt. Versu ===== |
========================= Pravesh Choudhary Resident Of - Begusarai .... .... Petitioner/s s .... .... Opposite Party/s ========================= |
|---|---|---|
Appearance : |
||
For the Petitioner/s : |
Mr. | |
| For the Opposite Party/s : |
Mr. | |
| ======================== CORAM: HON’BLE MR JUST |
===== ICE A |
========================= HSANUDDIN AMANULLAH |
ORAL ORDER
3 15-07-2014 Heard learned counsel for the petitioner, learned A.P.P.
for the State and learned counsel for the informant, who has suo motu appeared.
The petitioner seeks bail in Barauni Rail P.S. Case No. 82 of 2013 dated 04.12.2013 instituted for offence punishable under Sections 307/34 of the Indian Penal Code.
Learned counsel for the petitioner submits that though there is allegation of injuring the informant by firearm against the petitioner but the allegation is false since the parties are covillagers and the incident occurred in the shop of the informant which is 43 kilometers away of the village and, thus, it cannot be believed that to demand extortion, the petitioner and others would have gone to such a distance and asked for extortion from a co-
Patna High Court Cr.Misc. No.12172 of 2014 (3) dt.15-07-2014
2
villager. It is further submitted that there is past enmity as the father of the informant has also filed case against the petitioner and the petitioner has also field a complaint case against the informant and is in custody since 01.02.2014.
Learned A.P.P., upon going through the case diary and learned counsel for the informant submit that there is direct allegation of opening fire and injuring the informant against the petitioner which is corroborated by the injury report in which gun shot injury has been found on the thigh.
Considering the facts and circumstances of the case and submissions of learned counsels for the parites, this Court is not inclined to grant bail to the petitioner. Accordingly, the application stands dismissed.
(Ahsanuddin Amanullah, J)
M.E.H. /-
U T
1 issue framed by the court
Whether the petitioner qualifies for bail in a case involving allegations of injuring the informant by firearm.
1 provisions across 1 enactments
Dharmendra Choudhary
The State Of Bihar
Pravesh Choudhary
Ahsanuddin Amanullah
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
