The Patna High Court rejected a bail application by Monu Kumar in a case involving murder and firearms offences arising from a shootout at a wedding where the informant's son died. The court directed the trial court to conclude the trial within nine months.
Prayer for bail rejected; trial to be concluded within nine 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.6786 of 2020
Arising Out of PS. Case No.-231 Year-2019 Thana- HARNAUT District- Nalanda
======================================================
MONU KUMAR S/o Jaj Singh Resident of Village- Poari, P.S.- Harnaut, Distt- Nalanda.
... ... Petitioner/s
Versus
The State of Bihar Bihar
... ... Opposite Party/s
====================================================== Appearance : For the Petitioner/s : Mr.Jitendra Narain Sinha For the Opposite Party/s : Mr.Satyavrat Verma ======================================================
CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER
4 09-06-2020
Due to COVID-19 Pandemic, the matter is being
taken up by way of virtual Court proceeding.
The matter has been listed under the heading ‘For
Orders’ under the orders of Hon’ble the Chief Justice.
Heard learned counsel for the petitioner and learned APP for the State.
The petitioner seeks bail in a case registered under Sections 302/120(B) of the Indian Penal Code and 27 of the Arms Act.
Allegedly, the petitioner along with two others shot by pistol upon son of the informant, due to which, the informant’s son sustained fire-arms injury in his abdomen, back and in the right side of abdomen. The injured son succumbed in the way
Patna High Court CR. MISC. No.6786 of 2020(4) dt.09-06-2020 2/3
while he was being taken to PMCH for treatment.
It has been submitted on behalf of the petitioner that the petitioner has got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioner. The petitioner is in custody since 26-08-2019. Charge sheet has already been submitted. The petitioner has falsely been implicated in the present case. On the occasion of marriage, an orchestra party was going on and in course of that, the alleged occurrence is said to have taken place. As per the FIR, the petitioner along with two other co-accused namely Gaurav Kumar and Ghantu Jha is said to have fired upon the deceased. General and omnibus allegation has been made against all the three accused persons. No specific injury is attributed against the petitioner.
On behalf of the State and the informant, it is submitted that the petitioner is named in the Complaint Case/F.I.R. There is allegation of firing against the petitioner and other accused persons. As per postmortem report, two fire-arms injuries were found on the body of the deceased. The petitioner is said to be one of the assailants.
Considering the aforesaid facts and circumstances, I am not inclined to grant bail to the petitioner. Accordingly,
Patna High Court CR. MISC. No.6786 of 2020(4) dt.09-06-2020 3/3
prayer for bail of the petitioner in connection with Harnaut P.S. Case No. 231 of 2019 is rejected.
The trial court is directed to take all necessary steps to conclude the trial, preferably within a period of nine months from the date of receipt/production of copy of this order.
(Sudhir Singh, J)
A.K.V.//- U T
3 issues framed by the court
Whether bail should be granted to the petitioner implicated in a shootout resulting in death.
Whether the trial court must expedite the conclusion of the trial within a specific timeframe.
Whether the petitioner falsely implicated should be released on bail considering lack of criminal antecedents.
2 provisions across 2 enactments
Monu Kumar S/o Jaj Singh
State of Bihar
Sudhir Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
