Single petitioner was in custody for murder and arms offences. Court examined F.I.R. and informant's statement regarding witness status. Bail prayer dismissed due to specific accusation of firing.
Prayer for grant of bail stands dismissed.
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IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.49400 of 2018
Arising Out of PS. Case No.-495 Year-2017 Thana- BEGUSARAI MUFFASIL DistrictBegusarai
====================================================== Maksudan Kumar @ Madhushudan Kumar @ Niranjan Kumar, S/o Bhuvneshwar Singh @ Bhullu Singh, R/o Village- Hemra, P.S.- Muffasil, District - Begusarai.
... ... Petitioner/s
Versus
The State of Bihar.
| =================== Appearance : |
... ... Opposite Party/s =================================== |
|---|---|
| For the Petitioner/s : |
Sri Shubhesh Pandey, Advocate |
| For the Opposite Party/s : For the informant : =================== |
Sri Ram Sumiran Roy, A.P.P. Sri Mahendra Thakur, Advocate =================================== |
CORAM: HONOURABLE MR. JUSTICE RAKESH KUMAR ORAL ORDER
3 05-09-2018
Heard Sri Shubhesh Pandey, learned counsel for the petitioner, Sri Ram Sumiran Roy, learned Additional Public Prosecutor as well as Sri Mahendra Thakur, learned counsel for the informant.
The sole petitioner, who is in custody since 09.11.2017 in connection with Muffasil P.S. Case No. 495 of 2017 registered for the offence under Sections 302/34 of the Indian Penal Code, 1860 and Section 27 of the Arms Act , 1959, has prayed for grant of bail.
Learned counsel for the petitioner by way of referring to the F.I.R. submits that it appears that informant herself is not eye witness to the occurrence since in her fardbyan she
Patna High Court Cr.Misc. No.49400 of 2018(3) dt.05-09-2018 2/2
herself has stated that after hearing sound of firing she came out from the house and thereafter she noticed the occurrence.
Be that as it may, in the F.I.R. there is specific accusation against the petitioner of giving firing. Accordingly, his prayer for bail stands dismissed.
(Rakesh Kumar, J)
praful/-
U T
1 issue framed by the court
Whether bail should be granted to the petitioner who is in custody for offences under Sections 302/34 IPC and Section 27 Arms Act.
2 provisions across 2 enactments
Maksudan Kumar @ Madhushudan Kumar @ Niranjan Kumar
State of Bihar
Rakesh Kumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
