In a bail application under Sections 302, 34, 120-B IPC and Arms Act, the High Court granted bail to Petitioner No. 2 but rejected the prayer for Petitioner No. 1, who was directly accused of firing at the deceased.
Bail allowed for Petitioner No. 2; prayer rejected for Petitioner No. 1. Petitioner No. 2 released on Rs. 10,000 bond.
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.31641 of 2019
Arising Out of PS. Case No.-32 Year-2018 Thana- BHITAHA District- West Champaran
======================================================
... ... Petitioner/s
Versus
THE STATE OF BIHAR
... ... Opposite Party/s
====================================================== Appearance : For the Petitioner/s : Mr.Prithvi Nath Mishra For the Opposite Party/s : Mr.Sanjay Kumar Tiwary ======================================================
CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER
State.
The petitioners seek bail in Bhitaha P.S. Case No.
32 of 2018, instituted for the offence under Section(s) 302, 120(B), 34 of Indian Penal Code, Sections 25(1-b)a, 26 and 27 of the Arms Act.
It is alleged in the written report that on the date of occurrence, petitioner along with other co-accused surrounded the father of the informant when he was taking care of the seeds of two Bakhar. It is further alleged that petitioner No. 1 fired from very close range on the chest of father of the informant, on account of which, he fell down and subsequently died.
Patna High Court CR. MISC. No.31641 of 2019(5) dt.09-08-2019 2/3
Allegation against petitioner No.2 is that he along with other coaccused caught hold the hand of the deceased.
Learned A.P.P. has submitted that in the post mortem report one firearm injury has been found on the chest of the deceased.
In such circumstances, there is direct allegation against petitioner No. 1 of causing firearm injury to father of the informant in his chest, on account of which, he died on the spot.
Therefore, this Court is not inclined to grant bail to petitioner No. 1.
Prayer for bail of petitioner No. 1 stands rejected.
So far as petitioner No. 2 namely, Kanhaiya Patel is
concerned, there is no allegation of making firing against him. There is general and omnibus allegation that he caught hold the hand of the deceased.
Considering the aforesaid facts and circumstances of the case, prayer of the petitioner No. 2 namely, Kanhaiya Patel, for grant of bail is allowed. Let the petitioner No. 2 above named, be released on bail on furnishing bail bond of Rs.10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate, Bagaha, (West Champaran) in
Patna High Court CR. MISC. No.31641 of 2019(5) dt.09-08-2019 3/3
connection with Bhitaha P.S. Case No. 32 of 2018, subject to the condition that both the bailors will be close relatives of the
petitioners.
(Sanjay Priya, J)
S.Ali/-
U T
2 issues framed by the court
Whether bail should be granted to Petitioner No. 1 accused of causing ironical firearm injury to the deceased.
Whether bail should be granted to Petitioner No. 2 accused of merely holding the deceased's hand.
2 provisions across 2 enactments
Sanjay Patel @ Sanjay Singh
Kanhaiya Patel
THE STATE OF BIHAR
Sanjay Priya
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
