The High Court at Patna considered an oral order rejecting the petitioner's bail application in a murder case involvingIPC Sections 302, 34, 307 and Section 27 of the Arms Act, dismissing the contention regarding injury discrepancies in the postmortem report.
Prayer for bail is rejected; petitioner to remain in custody.
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.29082 of 2013
====================================================== Nagendra Singh, S/o Suraj Singh, resident of village-Bhagwatipur, P.S.Udwant Nagar, District- Bhojpur. ... .... Petitioner Versus The State of Bihar .... .... Opposite Party ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL ORDER 4 15-01-2014 Heard learned counsel for the petitioner and learned counsel for the State. The petitioner seeks bail in a case registered for the offence punishable under Sections 302 read with 34 and 307 of the Indian Penal Code as also Section 27 of the Arms Act.
It is contended that though there is allegation in the FIR that while chasing, the petitioner fired at Ram Awatar Singh which caused bullet injury at the back of his shoulder but the postmortem report shows no injury on the back of the shoulder. As a matter of fact, the deceased Ram Awatar Singh had sustained firearm injury on his head.
Be that as it may, considering the nature of allegation, facts and circumstances of the case, I am not inclined to grant bail to the petitioner at this stage even though he is in custody since 7th March, 2013. Accordingly, the prayer for bail is rejected.
Sanjeet/-
(Ashwani Kumar Singh, J)
1 issue framed by the court
Whether bail should be granted to the petitioner charged with murder and attempt to murder.
2 provisions across 2 enactments
Nagendra Singh
The State of Bihar
Ashwani Kumar Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
