The Patna High Court granted bail to the petitioner accused of murder and attempted murder, noting the post-mortem report lacked firearm injuries despite charges under Sections 302 and 307 IPC and Arms Act.
Petitioner directed to be released on bail on execution of a bond of Rs. 10,000 with two sureties subject to specified conditions.
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.
Patna High Court Cr.Misc. No.29405 of 2015 (3) dt.29-10-2015
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.29405 of 2015
Arising Out of PS.Case No. -37 Year- 2015 Thana -JAYNAGAR District- MADHUBANI
====================================================== 1. Sanjay Yadav son of Sri Surendra Prasad Yadav Resident of Village Dorwar, Ps Jainagar, District Madhubani..... .... Petitioner Versus 1. The State of Bihar .... .... Opposite Party ====================================================== Appearance : For the Petitioner/s : Mr. Krishna Chandra For the Opposite Party/s : Mr. Anita Kumari Singh(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER
3 29-10-2015 Heard learned counsel for the petitioner and learned counsel representing the State.
The petitioner seeks bail in connection with Jainagar P.S. Case No. 37 of 2015 registered for the offence punishable under Sections 147, 148, 149, 34, 323, 324, 307, 302 of the Indian
Penal Code and Section 27 (3) of Arms Act.
The allegation against the petitioner is that during the occurrence he fired upon Sonfil Yadav the uncle of the informant resulting he fell down and thereafter, he died.
Submission is of false implication and that in post mortem report no firearm injury has been found on the person of the deceased Sonfil Yadav and the injuries are caused by sharp cutting weapon and also by hard blunt substance and as such the petitioner who is suffering in custody since 11.05.2015 deserves sympathetic consideration as there is no chance of tampering with
Patna High Court Cr.Misc. No.29405 of 2015 (3) dt.29-10-2015
prosecution evidence to which learned APP duly assisted by learned counsel for the informant opposes by submitting that in inquest report regarding firearm injury the investigating officer has mentioned in column no. 5.
In the facts and circumstances stated above, considering that the doctor has not found any firearm injury on the person of the deceased Sonfil Yadav and further chargesheet has already been submitted against the petitioner and there is no chance of tampering with prosecution evidence, the petitioner above named is directed to be released on bail on execution of bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned Sub-Divisional Judicial Magistrate, Madhubani in connection with Jainagar P.S. Case No. 37 of 2015, subject to the conditions that one of the bailors must be a near relative and another having sufficient immovable property within the territorial jurisdiction of the court concerned and the petitioner shall remain present on each and every date during trial and the default on two consecutive dates on his part without any reason shall disentitle the petitioner from privilege of bail.
(Jitendra Mohan Sharma, J)
avin/U T
2 issues framed by the court
Whether the petitioner should be released on bail in a murder case involving sections 302 and 307 of IPC considering the post-mortem report did not find firearm injuries.
Whether the condition that post-mortem did not find firearm injury warrants bail release despite serious charges of murder and attempted murder.
2 provisions across 2 enactments
Sanjay Yadav
The State of Bihar
Jitendra Mohan Sharma
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
