This is an oral order dismissing a bail petition filed by an accused in a murder case. The court observed that the FIR specifically accused the petitioner as the main assailant despite a post-mortem report indicating a blunt substance injury rather than the alleged Farsa blow, accepting that trial is required to resolve contradictions.
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.15673 of 2015
Arising Out of PS.Case No. -494 Year- 2014 Thana -SITAMARHI District- SITAMARHI ====================================================== Gagandeo Rai, son of Nathuni Rai, Resident of Village- Bariarpur Tole Lapati, Police Station- Sitamarhi, District- Sitamarhi. .... .... Petitioner Versus The State of Bihar .... .... Opposite Party ====================================================== Appearance : For the Petitioner/s : Mr. Raghwendra Kumar For the Opposite Party/s : Mr. None. ====================================================== CORAM: HONOURABLE MR. JUSTICE RAKESH KUMAR ORAL ORDER 10 10-08-2016 Heard Sri Radha Mohan Singh, learned counsel, who has appeared, on instruction of Sri Raghwendra Kumar, learned counsel ( now Law Officer), on behalf of the petitioner. None appeared on behalf of the State.
The petitioner, who is in custody in Sitamarhi P.S. Case No.494 of 2014 registered for the offence under Section 302 and other allied Sections of the Indian Penal Code, has prayed for grant of bail.
It was submitted by learned counsel for the petitioner that in the F.I.R., though there is specific accusation that the petitioner gave Farsa blow on the head of father of the informant, during postmortem examination, no incised injury was found. He further submits that the doctor has opined that the injury
Patna High Court Cr.Misc. No.15673 of 2015 (10) dt.10-08-2016
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was found caused by hard and blunt substance. It has been argued that the petitioner is in custody since 28.06.2014. On the aforesaid ground, a prayer has been made for granting bail to the petitioner.
On perusal of the F.I.R., it is evident that there is specific accusation against the petitioner showing that he was the main assailant. So far as the point for injury report is concerned, at this juncture it could not be definitely opined as to whether the submission of learned counsel for the petitioner is correct or not. In the F.I.R., there is allegation of giving Farsa blow on the head of father of the informant, but it has not been indicated as to whether it was used from back side or front side. Such thing can be examined at the stage of trial, not at this stage.
The petition stands dismissed.
(Rakesh Kumar, J)
NKS/U
2 issues framed by the court
Whether bail should be granted to the petitioner accused of murder given the discrepancy between the FIR accusation and the post-mortem injury report.
Whether the injury report finding contradicts the Farsa blow accusation made in the FIR.
1 provisions across 1 enactments
Gagandeo Rai
The State of Bihar
Rakesh Kumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
