The Patna High Court rejected the bail application of the petitioner in a murder case involving firearm injuries, holding that the court is not inclined to enlarge the petitioner on bail at this stage.
Prayer for grant of bail is rejected at this stage.
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.578 of 2019
Arising Out of PS. Case No.-178 Year-2017 Thana- KOCHAS District- Rohtas
======================================================
Birendra Sah @ Bijendra Sah, son of late Jagar Nath Sah, Resident of VillageMahavirganj, P.S. Kochas (Parsathua), Distt.-Rohtas
... ... Petitioner/s
Versus
The State Of Bihar
... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Rameshwar Singh, Advocate For the Opposite Party/s : Smt. Madhuri Lata, APP For the informant : Mr. Raghunandan Kumar Singh, Advocate ======================================================
CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER
3/ 13-03-2019
Heard learned counsel for the petitioner and learned
APP for the State as well as counsel for the informant.
Petitioner seeks bail in Kochas (Parsathua) P.S.
Case No.178 of 2017 instituted for the offence under Section(s) 302 and other allied sections of Indian Penal Code and Section 27 of the Arms Act pending in the Court of the Chief Judicial Magistrate, Sasaram, Rohtas.
In the written report, it is alleged that on the date of occurrence deceased was sleeping with his wife in the Mill. In the meantime, accused persons arrived and started abusing. It is alleged that Shivanand Gupta caused firearm injury in the leg of father of the informant. This petitioner caused firearm injury in his arm and Dularchand Sah fired from back. Mother of the
Patna High Court CR. MISC. No.578 of 2019(3) dt.13-03-2019 2/2
informant raised hulla then Umesh Chandra Gupta assaulted the mother of the informant on her head with butt of rifle causing cut injury and she became unconscious. The informant had seen the entire occurrence through ventilator from inside the mill.
Case diary has been received. Statement of wife of the deceased has been recorded in para 7 of the case diary, wherein, she has levelled allegation against the petitioner of causing firearm injury to her husband. The informant in his further statement in para 6 has supported the case. The postmortem report is available in the case diary, wherein, doctor has found firearm injury on the arm of the deceased besides other firearm injuries.
In such circumstances, this Court is not inclined to enlarge the petitioner on bail.
Prayer of the petitioner for grant of bail is rejected at this stage.
The trial Court is directed to expedite the trial and make all efforts to conclude the same as early as possible.
(Sanjay Priya, J)
J. Alam/-
U T
1 issue framed by the court
Whether the petitioner should be granted bail in a murder case under Section 302 IPC.
1 provisions across 1 enactments
Birendra Sah @ Bijendra Sah
The State Of Bihar
Sanjay Priya
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
