The High Court granted bail to the petitioner accused in a murder case, noting he was not responsible for the fatal injury and was previously on bail in two other cases.
The petitioner is released on bail on furnishing a bond of Rs. 10,000/- with two sureties of the like amount.
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.45875 of 2017
Arising Out of PS.Case No. -150 Year- 2017 Thana -ARA NAWADA District- BHOJPUR
====================================================== Pintu Singh, S/o Raj Narayan Singh, Resident of Vill- Jhauan, P.S.- Bihiya, Dist- Bhojpur.
.... .... Petitioner/s Versus .... .... Opposite Party/s
====================================================== Appearance : For the Petitioner/s : Mr. Rajani Ranjan Pd. Singh For the Opposite Party/s : Mr. Sri Zainul Abedin ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER
4 01-12-2017 Heard the counsels for the parties.
The petitioner seeks bail in connection with Ara Nawada P.S. Case No. 150 of 2017 dated 29.04.2017 instituted for the offences under Sections 326, 307, 302 and 34 of the Indian Penal Code and Section 27 of the Arms Act.
The petitioner and others are alleged to have chased the brother of the informant and when the brother of the informant fell down in a pool of water, he was fired at.
Learned counsel for the petitioner has drawn the attention of this Court to the FIR in which it is alleged that the petitioner along with others, variously armed, chased the deceased and thereafter the deceased was fired at. There is no specific allegation as to who fired at the deceased. In the FIR, the
Patna High Court Cr.Misc. No.45875 of 2017 (4) dt.01-12-2017
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informant has alleged that the firing resorted to by the co-accused Mamlesh Kumar only hit the deceased in his stomach leading to his death. The post-mortem report is in consonance with the ocular testimony. There is only one wound of entry and there is no exit wound.
The petitioner is said to be in custody since
02.08.2017.
Regard being had to the fact that the petitioner is not the author of the fatal injury and that in two other cases in which the petitioner has been made accused earlier, he is on bail, this Court is inclined to grant bail to him.
In the facts and circumstances, the petitioner above named is directed to be released on bail on his furnishing bail bond in the sum of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Bhojpur at Ara in connection with Ara Nawada P.S. Case No. 150 of 2017.
(Ashutosh Kumar, J)
KKSINHA/-
U T
2 issues framed by the court
Whether bail should be granted to the accused who is not the author of the fatal injury.
In what terms the accused is to be released on bail.
2 provisions across 2 enactments
Pintu Singh
The State of Bihar
Ashutosh Kumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
