Petitioner sought bail in murder case (Heinous Offence). Court rejected bail due to prima facie case supported by postmortem corroborating grievous injuries. Trial directed to conclude within nine months.
Prayer for grant of bail 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.73177 of 2018
Arising Out of PS. Case No.-128 Year-2018 Thana- LAURIA District- West Champaran
======================================================
Azad Mian, S/o late Nazri Mian, resident of village- Telpur, Ward No. 7, P.S. Lauriya, District- West Champaran.
... ... Petitioner/s
Versus
The State Of Bihar
... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Sanjeev Kumar, Advocate For the Opposite Party/s : Mr. Bal Mukund Prasad Sinha, APP For the informant : Mr. Md. Anis Akhtar, Advocate ======================================================
CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER
4/ 21-02-2019
Heard learned counsel for the petitioner and learned
APP for the State as well as counsel for the informant.
Petitioner seeks bail in Lauriya P.S. Case No.128 of 2018 instituted for the offence under Section(s) 302/34 Indian Penal Code pending in the Court of the Chief Judicial Magistrate, Bettiah, West Champaran.
It is alleged in the written report that on the date of occurrence when father of the informant was cleaning drainage, co-accused, Nesar Mian, assaulted him with knife over neck. It is further alleged that petitioner assaulted the father of informant with knife over thigh and scrotum. It is further alleged that informant tried to save his father, then accused Sarfaraz Mian and Yasin Mian assaulted him with lathi.
Patna High Court Cr.Misc. No.73177 of 2018(4) dt.21-02-2019 2/3
Counsel for the petitioner submits that there is counter case lodged by Yasin Mian, full brother of petitioner, which has been enclosed as Annexure-2, wherein, it is alleged that this petitioner has sustained three stab injuries caused by the informant. The informant has named this petitioner in the instant case only to save himself from the allegation levelled in the counter case.
Counsel for the informant submits that postmortem report fully corroborates the allegation against the petitioner as doctor has found Injury No.2 in the postmortem report to be incised wound of size 2” x 1” on left side of scrotum out of which one testicle came out. One incised wound has been found on neck of the deceased. Cause of death has been opined to be aforesaid injuries.
It is further submitted that instant occurrence is said to have taken place at 6.00 PM on 23.05.2018, whereas, counter case has been lodged stating that occurrence has taken place at 6.15 PM on the same day. There is specific allegation of overt act against this petitioner in the instant case.
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
Patna High Court Cr.Misc. No.73177 of 2018(4) dt.21-02-2019 3/3
this stage.
The trial Court is directed to expedite the trial and make all efforts to conclude the same as early as possible, preferably, within a period of nine months from the date of receipt of a copy of this order.
Liberty is given to the petitioner to renew his prayer for bail after nine months, if no substantive progress is made in the trial.
(Sanjay Priya, J)
J. Alam/- U T
2 issues framed by the court
Whether the petitioner is entitled to bail in a murder case involving grievous injuries consistent with the postmortem report.
Whether the discrepancy between the occurrence time in the FIR and the counter-case warrants enlargement on bail.
Azad Mian
The State Of Bihar
SANJAY PRIYA
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
