An oral order refusing a petition for regular bail filed by a petitioner charged with murder and other serious offences. The court declined the prayer, citing the serious nature of the accusation and the medical opinion confirming death by firearm injuries.
Prayer for regular bail refused; directed that the trial be expedited.
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.30265 of 2021
Arising Out of PS. Case No.-137 Year-2020 Thana- BIHARIGANJ District- Madhepura
======================================================
PAPAL @ POPAL YADAV S/o Late Parmeshwari Yadav R/o village- Parokia Tola, Hathiondha, P.S.- Bihariganj, District- Madhepura
... ... Petitioner/s
Versus
The State of Bihar Bihar
... ... Opposite Party/s
====================================================== Appearance : For the Petitioner/s : Mr.Sanjay Kumar Singh For the Opposite Party/s : Mr.A.G. ======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER
5 15-11-2021 Heard learned counsel for the petitioner and the State.
The petitioner seeks regular bail in Bihariganj Police
Station Case No. 137 of 2020 registered for the offences punishable under sections 302/307/120B of the Indian Penal Code and section 27 of the Arms Act.
As per the prosecution case, eight accused persons including the petitioner made indiscriminate firing causing death of the informant’s husband.
Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in this case. There is general and omnibus allegation of resorting to firing against all the accused persons and no specific overt has been alleged against the petitioner. All the eight accused persons have been alleged to have made firing though only two fire arms
Patna High Court CR. MISC. No.30265 of 2021(5) dt.15-11-2021 2/2
injuries have been found on the body of the deceased. Petitioner is in custody since 14.8.2020. Charges have also been framed.
Learned counsel for the State opposes the prayer for bail and submits that the petitioner is the assailant of the deceased and the doctor has opined that the deceased died of fire arms injury.
Considering the nature of accusation against the petitioner, his prayer for bail is refused.
Let the trial be expedited.
(Prabhat Kumar Singh, J)
shashi/-
U T
2 issues framed by the court
Whether the petitioner is entitled to regular bail at the trial stage given the serious nature of the accusation involving multiple ## Section 302 IPC offences.
Whether the submission that the allegations are general and omnibus without specific overt acts against the petitioner merits a grant of bail.
PAPAL @ POPAL YADAV
The State of Bihar
Prabhat Kumar Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
