Patna High Court rejected bail application of petitioner accused in shooting causing death case. Court held direct allegations of firing at deceased warrant rejection of bail.
Prayer for bail of the petitioner is hereby 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.1355 of 2019
Arising Out of PS. Case No.-415 Year-2017 Thana- LAKHISARAI District- Lakhisarai *
======================================================
Manish Kumar, son of Ashish Singh @ Karu Singh @ Burcha Singh, resident of village Sharma, P.S. and District- Lakhisarai.
... ... Petitioner/s
Versus The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Yogesh Chandra Kumar, Sr. Adv. Mr.Pankaj Kumar, Adv. For the Informant : Mr. Mirtunjay Kumar. Adv. For the Opposite Party/s : Mr. Amit Kumar Rakesh. APP ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER
3 01-04-2019 Heard learned counsel for the parties.
Petitioner seeks bail in S. Tr. No. 123 of 2018 arising
out of Lakhisarai P.S. Case No. 415 of 2017 registered for the offence punishable under Sections 302 and 120 B of the Indian Penal Code and under Section 27 of the Arms Act.
Informant who is the father of the deceased has alleged in his fardbeyan that after visiting his vegetable field when he along with his son and co-villager Ram kumar were returning on motorcycle, petitioner along with other FIR named accused and two unknown surrounded them and pulled down his son Gunjan Singh from motorcycle and on instigation of Raman Kumar @ Rawan, Manish kumar petitioner and Funtus
Patna High Court CR. MISC. No.1355 of 2019(3) dt.01-04-2019 2/2
fired upon his son on his temple and Raman Kumar fired on his chest as a result of which he died. Two firearm injuries have been found one on chest and other on temple region which corroborates FIR. It has been submitted on behalf of the state that co-accused Funtus was not charge-sheeted by police.
It has been submitted on behalf of the petitioner that he is innocent and has been falsely implicated in this case. He is in custody since 04.05.2018.
Considering direct allegation against petitioner of firing upon the son of informant causing his death, I am not inclined to enlarge the petitioner on bail at this stage, hence, the prayer for bail of the petitioner is hereby rejected.
(S. Kumar, J)
manoj/-
U T
2 issues framed by the court
Whether the petitioner should be granted bail in a case involving allegations of murder.
Whether the direct allegation of firing upon the deceased warrants rejection of bail at this stage.
2 provisions across 2 enactments
Manish Kumar
State Of Bihar
S. Kumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
