The Patna High Court granted regular bail to the petitioner in a case under the Bihar Prohibition and Excise Act, 2016, noting his custody duration and discrepancies in the injury report regarding firearm injuries.
Enlarged on bail by furnishing bond of Rs.10,000/- with two sureties of the like amount each.
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.23719 of 2021
Arising Out of PS. Case No.-612 Year-2020 Thana- AMARPUR District- Banka
======================================================
KRISHNA MOHAN SINGH Son of Bharat Bhushan Singh Resident of Village- Bak Chhappar, P.S.- Shahkund, District- Bhagalpur.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
====================================================== Appearance : For the Petitioner/s : Mr. Md. Nurul Hoda, Advocate For the Opposite Party/s : APP ======================================================
CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER
4 09-12-2021 Heard learned counsel for the parties.
The petitioner has preferred this application for grant
of regular bail in a case registered under sections 30(a) and 41(i) of the Bihar Prohibition and Excise Act, 2016.
As per the prosecution case, five accused persons including the petitioner herein are stated to have confronted the driver of the tractor for rangdari. Thereafter it is stated that the petitioner fired from a country made pistol hitting the driver of the tractor in his leg.
It is submitted by learned counsel for the petitioner that the petitioner has been falsely implicated in the case by the informant because of enmity. The allegations made in the FIR are falsified from the injury report wherein no firearm injury has been found. The petitioner is in custody since 23.10.2020 and
Patna High Court CR. MISC. No.23719 of 2021(4) dt.09-12-2021 2/2
charge sheet has been submitted in the case.
Heard learned APP for the State.
Having heard learned counsel for the parties and taking into consideration the facts of the case, the contents of the injury report and the petitioner having remained in custody for 1 year, the Court directs the petitioner to be enlarged on bail in connection Amarpur P.S. Case no. 612 of 2020 on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Banka.
(Partha Sarthy, J)
Prakash/-
U
2 issues framed by the court
Whether the petitioner is eligible to be enlarged on regular bail after being in custody for one year.
Whether the injury report supports the prosecution case of a firearm injury.
2 provisions across 1 enactments
Krishna Mohan Singh
The State of Bihar
Partha Sarthy
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
