Petitioner sought bail in a murder case involving a land dispute. The court rejected the petitioner's arguments regarding the post-mortem report inconsistencies, noting the specific injury alleged against him. Bail was denied and the application dismissed.
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IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.12548 of 2014
Arising Out of PS.Case No. -139 Year- 2013 Thana -PIPRAKOTHI District- EAST CHAMPARAN (MOTIHARI) ====================================================== Shankar Sahani Son of Late Hemant Sahni Resident of Village- Dhekha (Tola- Kaswa), Police Station- Pipra Kothi, District- East Champaran. .... .... 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
3. 17.07.2014 Heard learned counsel for the petitioner and learned A.P.P. for the State.
The petitioner seeks bail in Pipra Kothi P.S. Case No. 139 of 0213 dated 23.07.2013 instituted under Sections 147/148/149/452/341/323/324/307 /302 of the Indian Penal Code.
Learned counsel for the petitioner
submits that the allegation in the F.I.R. is of giving blow on the head of the deceased by Farsa which is a sharp cutting weapon. The post mortem report shows that the injury was caused from hard and blunt substance. It is submitted that the petitioner is the agnate of the deceased and there is land dispute between the parties and that he is in custody since 03.10.2013.
Patna High Court Cr.Misc. No.12548 of 2014 (3) dt.17-07-2014
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Learned A.P.P., upon going through the case diary, submits that there is specific allegation of assault on the head only against the petitioner and the post mortem report also finds lacerated wound from which blood was oozing and fracture of occipital bone which can easily be related to the blow by the petitioner.
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. The application stands dismissed.
(Ahsanuddin Amanullah, J.)
P. Kumar
U T
3 issues framed by the court
Whether the petitioner is entitled to be released on bail in a case involving alleged murder arising from a land dispute.
Whether the injury causing the death was caused by the petitioner given the plea regarding the weapon used.
Whether the convergence of physician's report with the specific FIR allegation against the petitioner warrants bail.
1 provisions across 1 enactments
Shankar Sahani
State of Bihar
Ahsanuddin
Amanullah
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
