The High Court at Patna rejected the petitioner's application for regular bail in a murder case under Section 302 IPC. The court found the allegations serious and was not inclined to grant bail after considering the FIR, postmortem report, and case diary.
The bail application filed by the petitioner was rejected, and the 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.27684 of 2020
Arising Out of PS. Case No.-184 Year-2020 Thana- BHAGALPUR KOTWALI DistrictBhagalpur
======================================================
Vikky Singh Son of Binod Singh Resident of Mohalla- Vikramshila Colony, P.S.- Tilkamanjhi, District- Bhagalpur.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
====================================================== Appearance : For the Petitioner/s : Mr. Syed Masleh Uddin Ashraf, Adv. For the Opposite Party/s : Dr. Ajeet Kumar, APP for the Informant : Mr. Diwakar Upadhyaya, Adv. ======================================================
CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER
3 01-12-2020
Heard learned counsel for the petitioner, learned APP for the State and learned counsel for the informant through video conferencing.
The instant application for regular bail has been filed by the petitioner in connection with Kotwali P.S. Case No.184 of 2020 registered under section 302 of the Indian Penal Code.
As per allegation in the FIR, it is stated by the informant that her son Shubham Saket accompanied his friend Gulshan Poddar for playing Holi. It is stated that she received a telephonic call from one Kumar Raghubir that her son had been stabbed with Chaku . It is further stated that on reaching the hospital she was informed by Kumar Raghubir that it was the
Patna High Court CR. MISC. No.27684 of 2020(3) dt.01-12-2020 2/3
petitioner herein who had stabbed her son and who died on way to the hospital. It is further stated that there was pending dispute between her deceased son and the petitioner herein.
It is submitted by learned counsel for the petitioner that from the F.I.R. itself it would be evident that admittedly the informant is not an eye witness to the alleged occurrence. The petitioner has been falsely implicated in the case due to oblique reasons. It is further submitted that the narration in the F.I.R. is highly improbable for the reason that it cannot be comprehended that any person would stab the son of the informant and at the same time leave the other person accompanying him to be an eye witness. The petitioner is in custody since 17.3.2020 and has no criminal antecedent. It is submitted that the postmortem report also does not support the allegation as made in the F.I.R.
The application for bail is opposed by learned APP for the State as also learned counsel for the informant. It is submitted by learned counsel for the informant that not only the petitioner is named in the F.I.R. but there is direct allegation against him of having stabbed the son of the informant resulting in his death. It is submitted that the postmortem report fully supports the allegation made in the F.I.R. and as per prosecution
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case the petitioner is the sole assailant.
Having heard learned counsel for the parties and taking into consideration the submissions made on behalf of the parties together with the allegation made in the F.I.R., the postmortem report and the contents of the case diary, the Court is not inclined to enlarge the petitioner on bail and as such this application is rejected.
(Partha Sarthy, J)
Bibhash/-
U T
2 issues framed by the court
Whether the petitioner should be enlarged on bail in a case involving murder under Section 302 IPC.
Whether the allegations in the FIR and the postmortem report necessitate the rejection of the bail application.
Vikky Singh
The State of Bihar
Partha Sarthy
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
