In criminal miscellaneous jurisdiction, the Court rejected the petitioner's bail application in a case involving joint murder and accessories offences with firearm involvement. The judge directed the trial court to expedite the proceedings.
The prayer for bail of the petitioner was rejected. The trial court is directed to expedite the trial.
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.32564 of 2019
Arising Out of PS. Case No.-58 Year-2018 Thana- MEHANDIGANJ District- Patna
======================================================
SUNNY KEWAT Son of Late Surendra Kewat Resident of Mohalla - Deepnagar, Road No. - 4, P.S.- Mehandiganj, District - Patna.
... ... Petitioner/s
Versus
THE STATE OF BIHAR
... ... Opposite Party/s
====================================================== Appearance : For the Petitioner/s : Mr.Manish Kumar No2 For the Opposite Party/s : Mr.Sanjay Kumar Singh ======================================================
CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER
6 06-08-2019
Heard learned counsel for the petitioner and the learned counsel for the State.
The petitioner seeks bail in Mehandiganj P.S. case no. 58 of 2018 instituted for the offence under Section 147,148,149, 302 and 120B of the IPC and Section 27 of the Arms Act.
In the written report, it is alleged that on the date of occurrence brother of informant Mangal Dom ( since deceased) was talking with mother of Sanjay Kewat. All of sudden 4-5 boys came out from house of Sanjay Kewat and started indiscriminate firing from their pistol on Mangal Dom (since deceased). On hearing the sound of firing, his brother Durga Dom reached near the house of Sanjay Kewat and saw that Sonu, Motu @ Natu Paswan, Sunny Kewat (petitioner), Bobby
Patna High Court CR. MISC. No.32564 of 2019(6) dt.06-08-2019 2/3
Kewat, Pramod and Deep were armed with pistol. The informant also saw that Sonu Jalla fired shot on the Mangal Dom from behind and one shot was also fired by Sunny Kewat (petitioner). The informant reached near accused persons then they fled away. The informant saw that Sanjay Kewat was also running away with the accused persons. The brother of informant, namely Mangal Dom was taken to NM.C.H. in injured condition. He was referred to P.M.C.H. where he was declared dead.
Case diary has been received.
Learned APP after looking into the case diary submitted that informant in his further statement in para 9 has levelled specific allegation against this petitioner of causing firearm injury to the deceased along with Sonu Jalla. Similarly, the other witnesses in paragraph nos. 39,40 of the case diary have levelled specific allegation against this petitioner of causing firearm injury to the deceased.
The doctor has found four injuries of firearm on the person of the deceased in the postmortem report.
Therefore, this Court is not inclined to grant bail to the petitioner at this stage. The prayer for bail of the petitioner stands rejected.
Patna High Court CR. MISC. No.32564 of 2019(6) dt.06-08-2019 3/3
Trial Court is directed to expedite the trial.
(Sanjay Priya, J)
shyambihari/-
U T
2 issues framed by the court
Whether bail should be granted to the petitioner implicated in offences under Sections 147, 148, 149, 302 IPC and Section 27 Arms Act.
Whether the petition for bail stands rejected and trial expedited.
6 provisions across 2 enactments
SUNNY KEWAT
THE STATE OF BIHAR
SANJAY PRIYA
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
