The High Court of Patna considered an application for regular bail. The petitioner was charged with murder under IPC Sections 302/34 and offences under the Arms Act following an alleged fatal shooting. The court observed the severity of the accusation and refused the bail prayer.
Bail prayer refused.
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.30778 of 2021
Arising Out of PS. Case No.-220 Year-2020 Thana- BALIYA District- Begusarai
======================================================
KRISHNA MOHAN KUNWAR S/O JANARDAN KUNWAR R/o villageGokhlenagar, Vishnupur, P.S.- Ballia, District- Begusarai
... ... Petitioner/s
Versus
The State of Bihar Bihar
... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr.Arjun Prasad For the Opposite Party/s : Mr.A.G. ======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER
4 09-12-2021
Heard learned counsel for the petitioner, the State
and the informant.
The petitioner seeks regular bail in registered for the offences punishable under sections 302/34 and other allied sections of the Indian Penal Code and section 27 of the Arms Act.
As per the prosecution case, this petitioner and other accused persons abused and shot fire upon the father of the informant as a result of the which he died.
Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in this case as no such occurrence took place and petitioner has been implicated in this case due to previous enmity. He submits that there is general and omnibus allegation of resorting to firing
Patna High Court CR. MISC. No.30778 of 2021(4) dt.09-12-2021 2/2
against all the four accused persons but only three fire arms injuries have been found on the body of the deceased and specific allegation of causing injury to the deceased is against co-accused Givesh Kunwar. Petitioner is in custody since 22.11.2020.
Learned counsel for the State opposes the prayer for bail and submits that there is specific allegation against the petitioner is that he along with other co-accused persons caused fire arms injuries to the victim causing his death.
Considering the nature of accusation against the petitioner, his prayer for bail is refused.
(Prabhat Kumar Singh, J)
shashi/-
U T
1 issue framed by the court
Whether the petitioner is entitled to regular bail in a case involving murder and offences under the Arms Act.
KRISHNA MOHAN KUNWAR
The State of Bihar
PRABHAT KUMAR SINGH
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
