The Patna High Court rejected the petitioner's bail plea in a murder case under Sections 302 IPC and 27 Arms Act, citing the gravity of the charge. The court directed the trial court to conclude the trial as early as possible.
Bail prayer rejected; trial court directed to conclude trial early.
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.37836 of 2021
Arising Out of PS. Case No.-105 Year-2020 Thana- RANIYATALAB District- Patna
======================================================
PAPPU KUMAR Son of Manoj Sharma Resident of Village- Khapuri, P.S.Dulhin Bazar, District- Patna.
... ... Petitioner/s
Versus
THE STATE OF BIHAR
... ... Opposite Party/s
====================================================== Appearance : For the Petitioner/s : Mr. Krishna Prasad Singh, Sr. advocate Mr. Arun Kumar Pandey For the Opposite Party/s : Mr.Anuj Kumar Shrivastava ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER
3 02-11-2021
Heard learned senior counsel for the petitioner and the
State.
Petitioner seeks regular bail in a case registered for the offence punishable under Section 302/34 of the Indian Penal Code and u/s 27 of Arms Act.
As per the prosecution case, this petitioner along with other accused persons are alleged to have committed the murder of brother of the informant.
Learned counsel appearing for the petitioner submits that petitioner is innocent and has falsely been implicated in the case. It is submitted that informant claims to be eye witness of the occurrence but from perusal of the FIR it is apparent that informant is not an eye witness of the occurrence. In fact the
Patna High Court CR. MISC. No.37836 of 2021(3) dt.02-11-2021 2/2
deceased was killed by some unknown miscreants and due to previous enmity this petitioner has falsely been implicated in the present case. Petitioner is in custody since 06.06.2020 and investigation in this case is complete.
Learned counsel appearing for the State opposes the prayer for bail and submits that petitioner is one of the assailants of the deceased and there is specific and direct allegation against him that he caused fire arm injury as a result of which brother of informant died.
Considering the nature of accusation and gravity of the offence, I am not inclined to enlarge the petitioner on bail. Accordingly, the same is rejected.
However, since the petitioner is in custody since 06.06.2020, the trial court is directed to conclude the trial as early as possible.
(Prabhat Kumar Singh, J)
BKS/-
U T
3 issues framed by the court
Whether the petitioner is entitled to regular bail in a murder case under Sections 302 and 34 IPC.
Whether the petitioner suffered injustice in custody pending trial.
Whether the trial court should conclude the trial early.
2 provisions across 2 enactments
Pappu Kumar
The State of Bihar
Prabhat Kumar Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
