The High Court declined bail to a petitioner accused of murder and using prohibited arms. Finding ample evidence of complicity and the petitioner's status as a main assailant in a heinous crime, the court found no merit in the bail petition.
Petition for bail stands dismissed. Petitioner remains in custody.
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.27472 of 2020
Arising Out of PS. Case No.-139 Year-2019 Thana- MADHEPUR District- Madhubani
======================================================
SHIV KUMAR MAHTO Son of Jagarnath Mahto Resident of VillageBabujiban, Police Station- Madhepur, District- Madhubani.
... ... Petitioner/s
Versus
THE STATE OF BIHAR
... ... Opposite Party/s
====================================================== Appearance :
For the Petitioner/s : Mr.Sanjay Kumar Jha, Adv. For the Opposite Party/s : Dr. Indiwar Kumari, APP ======================================================
CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER
4 02-12-2020
The learned counsel for the parties were heard at length yesterday and today, the instant case has been listed under the heading for orders.
The petitioner seeks regular bail in connection with Madhepur P.S. Case No. 139 of 2019, registered for the offence punishable under Sections 302, 34 of the Indian Penal Code and Section 27 of the Arms Act.
The case of the prosecution in brief, according to the informant is that on 09.09.2019 at about 3:30 PM., he had gone to Fatki Kutti Chowk where he saw his father sitting with one Manay Mandal at a shop whereafter the informant had gone to the
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chowk and at about 5:00 PM., he saw that the petitioner along with other accused persons was coming on his motorcycle and after travelling for some distance, the informant heard the sound of gunshot firing, whereafter he ran towards the shop of Manay Mandal where he saw that his father had fallen down and the petitioner and the other coaccused persons were trying to flee away on their motorcycle. It is further alleged that while the said accused persons including the petitioner herein were trying to flee away, they had stumbled, whereafter the said accused persons had stopped their motorcycle and engaged in assaulting the persons present there. It is further alleged that thereafter, one Ram Bahadur Singh had slapped the petitioner on account of which he got agitated and took out a pistol from his waist and fired gunshots on the father of the informant resulting in his death.
The learned counsel for the petitioner has submitted that the petitioner is innocent, he has been falsely implicated in the present case and he
Patna High Court CR. MISC. No.27472 of 2020(4) dt.02-12-2020 3/4
is languishing in custody since 23.01.2020. The learned counsel for the petitioner has further submitted that though the allegation is regarding firing of gunshots on the head and chest, however, only one gunshot injury has been found, hence, a false story has been concocted in order to falsely implicate the petitioner herein.
Per contra, the learned APP has vehemently opposed the prayer for bail.
Having heard the learned counsel for the parties and having gone through the materials available on record as also in the case diary, this Court finds that there are ample materials available on record to show the complicity of the petitioner in the alleged crime, apart from the fact that the petitioner is the main assailant and he has been stated to have fired gunshots on the deceased resulting in his death, which also stands corroborated from the materials available in the case diary and moreover, the petitioner is a veteran criminal inasmuch as he is an accused in three other criminal cases. Consequently, this
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Court finds that the complicity of the petitioner is writ large on the records and prima facie, the occurrence in question has been found to be true as against the petitioner herein, apart from the fact that the petitioner has been alleged to have committed murder of the father of the informant, hence, considering the heinous nature of crime alleged to have been committed by the petitioner, I do not find any merit in the present petition, thus, the same stands dismissed.
(Mohit Kumar Shah, J)
Ajay/-
U T
3 issues framed by the court
Whether the petition for bail in a murder case is maintainable.
Whether the petitioner has merit in seeking bail pending trial.
Whether the heinous nature of the crime warrants denial of bail.
2 provisions across 2 enactments
Shiv Kumar Mahto
The State of Bihar
Mohit Kumar Shah
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
