Two bail applications arising from the same murder case were heard together and rejected. The court held that the FIR and post-mortem report indicated indiscriminate firing by the petitioners, precluding bail. The trial was directed to conclude within one year.
Bail applications dismissed; trial directed to conclude within one year.
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IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.45624 of 2014 Arising Out of PS.Case No. -179 Year- 2014 Thana -KHODAWANPUR District- BEGUSARAI ====================================================== 1. Umesh Mahto S/o Late Ram Narayan Mahto Resident of Village - Chakwa, Police Station - Khodabandpur, District - Begusarai. .... .... Petitioner/s Versus 1. The State of Bihar. .... .... Opposite Party/s ====================================================== with Criminal Miscellaneous No.6911 of 2015 Arising Out of PS.Case No. -179 Year- 2014 Thana -KHODAWANPUR District- BEGUSARAI ====================================================== 1. Mukesh Mahton Son of Jay Prakash Mahton Resident of Village - Kumbhi P.S. - Cheriya Bariyarpur, District - Begusarai. .... .... Petitioner/s Versus 1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance : (In Cr.Misc. No.45624 of 2014) For the Petitioner/s : Mr. Abhimanyu Sharma For the Opposite Party/s : Mr. Nityanand(App) (In Cr.Misc. No.6911 of 2015) For the Petitioner/s : Mr. Sada Nand Ray For the Opposite Party/s : Mr. Pramod Kr.Panday(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 3 04-03-2015 Heard both sides. Since both the bail applications arise out of the same Khodawandpur P.S. Case No. 179 of 2014, they have been heard together and are being deposed of by this common order. The petitioners seek regular bail in a case under
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section 302/34 of the Indian Penal Code and Section 27 of the
Arms Act.
Dhaneshri Devi, widow of deceased Umesh Mahto alleged that while she had gone to provide food to her husband, she saw 7-8 persons coming there and making indiscriminate firing killing her husband on the spot. The informant identified Mukesh Mahto, Umesh Mahto, Lallan Sharma, Suresh Paswan and Mithilesh Mahto.
Learned counsel for the petitioners submits that the informant has not made any specific allegation of firing against the petitioner. From the last paragraph of the first information report it appears that the informant has named these petitioners as conspirator along with Lallan Sharma. It is further submitted that the deceased was a veteran criminal and from perusal of paragraph 41 of the case diary it would appear that the deceased was accused in four criminal cases including the case registered under section 302 of the Indian Penal Code.
On a perusal of the record it appears that the informant made a specific allegation that all the accused persons made indiscriminate firing and she identified the petitioner along with other accused persons who had made indiscriminate firing. From perusal of the post mortem report it appears that the
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deceased received fire arm injury all over his body and died on the
spot.
Considering the aforesaid facts and circumstances of the case, I am not inclined to enlarge the petitioners on bail in connection with Khodabandpur P.S. Case No. 179/14 pending in the curt of the Chief Judicial Magistrate, Begusarai. Accordingly both these applications are rejected. The trial court is directed to expedite the trial and conclude the same within one year from the date of receipt/communication of a copy of this order. However, if the trial is not concluded by then, the petitioners may renew their prayer for bail.
(Prabhat Kumar Jha, J)
Amin/-
U
2 issues framed by the court
Whether bail should be granted to petitioners accused in a murder case involving indiscriminate firing.
Whether the specific allegations and post-mortem report justify refusal of bail.
3 provisions across 2 enactments
Umesh Mahto
Mukesh Mahto
The State of Bihar
Prabhatar Kumar Jha
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
