Honourable Mr. Justice Prabhatar Kumar Singh refused bail to the petitioner accused of murder and causing firearm injury. The court noted general allegations and the gravity of the offence, directing that the trial be concluded within nine months.
Prayer for regular bail refused. Trial to be concluded preferably within nine months.
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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.39604 of 2021
Arising Out of PS. Case No.-134 Year-2020 Thana- MOHANIYA District- Kaimur (Bhabua)
======================================================
ANIL @ MINTU KUMAR Son of Shiv Murat Singh Resident of VillageBhaluhi, P.S.- Mohania, District- Kaimur.
... ... Petitioner/s
Versus
The State of Bihar Bihar
... ... Opposite Party/s
====================================================== Appearance : For the Petitioner/s : Mr.Dharmendra Kumar Singh For the Opposite Party/s : Mr.A.G ======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER
4 07-12-2021
Heard learned counsel for the petitioner, the State and
the informant.
The petitioner seeks regular bail registered for the offences punishable under section 302 and other sections of the Indian Penal Code.
As per the prosecution case, this petitioner caused fire arms injury to Satendra Singh as a result of which he died.
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 against the petitioner and no specific overt act has been alleged against him. Petitioner has got clean antecedent as stated in paragraph 3 of the bail petition. Petitioner is in custody since 6.9.2020.
Learned counsel for the State and the informant
Patna High Court CR. MISC. No.39604 of 2021(4) dt.07-12-2021 2/2
oppose the prayer for bail and submits that the petitioner is the assailant of the deceased.
Considering the nature of accusation against the petitioner, his prayer for bail is refused.
Let the trial be concluded preferably within nine
moths.
(Prabhat Kumar Singh, J)
shashi/-
U T
2 issues framed by the court
Whether bail should be granted to the petitioner accused of causing firearm injury resulting in death.
Whether the general allegation of assault justifies refusal of bail in a murder case.
ANIL @ MINTU 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
