The Patna High Court rejected the bail application of an accused alleged to be a main assailant in a murder case involving the use of a firearm, dismissing arguments regarding the informant's presence.
Prayer for bail is rejected.
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.25277 of 2017
Arising Out of PS.Case No. -328 Year- 2016 Thana -ARA NAWADA District- BHOJPUR
====================================================== Dilip Singh @ Dilip Kumar Son of Gupteshwar Rai @ Tepeshwar Sharma Resident of Village-Karman Tola, P.S. Ara Nawadah, District Bhojpur.
.... .... Petitioner/s Versus 1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Manoj Kumar For the Opposite Party/s : Mr. Sri Akbar Ali ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER
11 12-01-2018 Heard the learned counsels for the petitioner and the
State.
The petitioner seeks bail in connection with Ara Nawadah P.S. Case No. 328 of 2016 dated 13.04.2016 instituted for the offences under Sections 302/34 of the Indian Penal Code and Section 27 of the Arms Act.
The petitioner is said to have fired at the deceased leading to his death. The FIR has been lodged by the son of the deceased who claims to have seen the occurrence. It has been alleged that at 04:30 P.M. while he along with his father (deceased) was going to railway station, the petitioner and his son caught hold of the father of the informant and the petitioner fired from his weapon leading to his death.
Patna High Court Cr.Misc. No.25277 of 2017 (11) dt.12-01-2018
2
The learned counsel for the petitioner has drawn the attention of this Court to the CDR reports and has submitted that the informant was not present at the place of occurrence.
The learned counsel for the informant, however, has submitted that there is nothing on record to suggest that the mobile telephone number standing in the name of the informant was being carried by him all through.
Regard being had to the fact that the petitioner is said to be the main assailant of the deceased, this Court is not inclined to grant bail to the petitioner for the present.
Prayer for bail is, accordingly, rejected.
(Ashutosh Kumar, J)
KKSINHA/-
U T
1 issue framed by the court
Whether the appellant is entitled to bail when alleged to be the main assailant in a murder case.
2 provisions across 2 enactments
Dilip Singh @ Dilip Kumar
The State of Bihar
Ashutosh Kumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
