Bail petition rejected. The court held that direct allegations of causing firearm injury preclude bail. The trial court is directed to expedite the proceedings, preferably within six months, allowing the petitioner to renew the bail prayer thereafter.
Bail application rejected. Trial directed to be concluded within six months.
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.77372 of 2018
Arising Out of PS. Case No.-27 Year-2017 Thana- MEHUSH District- Sheikhpura *
======================================================
Jaiki Singh, Son of Naresh Singh @ Naresh Prasad, Resident of VillageMehus, Police Station-Mehus, Distt.-Sheikhpura.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
====================================================== Appearance : For the Petitioner/s : Mr. Bipin Kumar, Advocate. For the Opposite Party/s : Mr. Nawal Kishore Prasad, A.P.P. ======================================================
CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA
ORAL ORDER
3 08-03-2019
Heard learned counsel for the petitioner and the
State.
The petitioner seeks bail in Mehus P.S. Case No.
27 of 2017 (Sessions Trial No. 72 of 2018) instituted for the offence under Section(s) 324, 307/34 of Indian Penal Code and Section 27 of the Arms Act pending in the court of learned Additional District Judge, 1st , Sheikhpura.
It is alleged in the written report that when the informant was watching T.V. in his Dallan , he listened sound of some person. He saw towards the window this petitioner along with five unknown persons standing there having pistol in his hand. The petitioner fired which hit on his back side and chest. The villagers came and took the informant to Patna for better
treatment.
Patna High Court CR. MISC. No.77372 of 2018(3) dt.08-03-2019 2/2
In the written report there is specific allegation against the petitioner of causing firearm injury to the informant on back side and chest.
Case diary has been received.
The injury report is available in the case diary wherein the Doctor has found wound of entry and wound of exit over the chest of the injured.
Keeping in view the direct allegation against the petitioner, this Court is not inclined to grant him bail at this stage.
Prayer of the petitioner for grant of bail stands
rejected.
Counsel for the petitioner submits that petitioner is in custody since 21.5.2018.
The court below is directed to expedite the trial and make efforts to conclude the trial as early as possible preferably within a period of six months. Petitioner will be at liberty to renew his prayer for bail after six months if no substantive progress is made in the trial.
(Sanjay Priya, J)
S.Ali/- U T
2 issues framed by the court
Whether bail should be granted to the petitioner in a serious offense involving firearm injury and conspiracy.
Whether the court below is directed to expedite the trial of the case.
2 provisions across 2 enactments
Jaiki Singh
The State of Bihar
SANJAY PRIYA
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
