Criminal Misc. Petition for bail. The High Court rejected the prayer for bail on account of evidence indicating inconsistency between the petitioner's allegation and post-mortem findings. The trial was directed to be concluded within one year.
Prayer for bail rejected. Trial directed to conclude within a period of one year.
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.8687 of 2018
Arising Out of PS. Case No.-27 Year-2017 Thana- INARWA District- West Champaran
======================================================
Chandra Giri @ Babu Bhaiya, Son of Sri Inesh Giri, Resident of Village Inarwa Bazar, P.S. Inarwa, District West Champaran
... ... Petitioner/s
Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner : Mr. Mahesh Narayan Parbat, Sr. Advocate For the State : Mr. Ajay Kumar No.1, APP For the Informant : Mr. Raghunandan Kumar Singh, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR ORAL ORDER
Heard learned counsel for the petitioner and the learned
APP for the State.
Petitioner, already in custody, seeks bail in connection with Inarwa P.S. Case No.27 of 2017, registered under Sections 341, 323, 307, 302 and 504/34 of the Indian Penal Code as well as under Section 27 of the Arms Act.
Allegation in brief is that due to land dispute the accused persons wrongfully restrained the other side and assaulted several other persons. However, the specific allegation against the petitioner is that he shot at Amaresh Kumar Giri, brother of the informant, from the back causing his death.
Learned counsel for the petitioner submits that there is land dispute between both sides and the allegation against the
Patna High Court Cr.Misc. No.8687 of 2018(2) dt.13-02-2018 2/2
petitioner is of opening fire from the back side of Amaresh Kumar Giri but as per the post-mortem report the entry wound is from the front side of the informant which belies the informant’s allegation.
Having considered the said facts and circumstances, it appears from the post-mortem report that firearm injury was caused at the flank of the abdomen and not on the front and the allegation is specific against the petitioner only, so the prayer of bail of the petitioner is rejected in connection with Inarwa P.S. Case No.27 of 2017, pending in the court of learned Judicial Magistrate, 1st Class, Bettiah.
However, the trial court is directed to expedite the trial and preferably conclude the same within a period of one year.
(Arun Kumar, J)
S.KUMAR/-
U T
3 issues framed by the court
Whether bail should be granted to the petitioner given the allegation of shooting at the informant from the back contrary to post-mortem findings.
Whether the trial court should expedite the trial barring any adjournment.
Whether the specific allegation against the petitioner belied by post-mortem report justifies rejection of bail.
6 provisions across 2 enactments
Chandra Giri @ Babu Bhaiya
The State of Bihar
Arun Kumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
