In a bail application under Sections 302, 120(B), 34 of IPC and Section 27 of Arms Act regarding a firing incident, the Court rejected the prayer, holding the petitioner unqualified for bail despite co-accused relief.
Bail application dismissed; petitioner is to remain in custody.
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.40768 of 2021
Arising Out of PS. Case No.-120 Year-2020 Thana- CHAUSA District- Madhepura
======================================================
Bajrangi Singh S/o Sohan Singh Resident of Village- Khoparia, P.S.- Chausa, Dist- Madhepura.
... ... Petitioner/s
Versus
The State Of Bihar
... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr.Alok Kumar Singh For the Opposite Party/s : Mr.Manoj Kumar, APP Mr. Ashok Kumar Mr. Bibhuti Narayan ======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER
4 24-11-2021 Heard learned counsel for the petitioner and learned A.P.P for the State.
The petitioner seeks bail in Chausa P.S. Case No. 120 of 2020, registered for the offence punishable under Sections 302, 120(B), 34 of the Indian Penal Code and section 27 of the Arms Act.
As per the prosecution case, this petitioner along with other accused persons fired upon the brother of informant, as a result of which he sustained more than three firearm injuries on account of which he died.
It is submitted on behalf of the petitioner that allegation of firing is general and omnibus. As per the FIR, five persons are alleged to have fired upon the deceased, whereas, as per postmortem report four firearm injuries has been found on
Patna High Court CR. MISC. No.40768 of 2021(4) dt.24-11-2021 2/2
the person of deceased. It is further submitted that similarly situated co-accused Ramchandra Yadav, Guddu Yadav, Kundan Yadav have been granted bail by different Benches of this Court vide order dated 21.09.2021 passed in Cr. Misc. No. 34549 of 2021 and dated 01.07.2021 passed in Cr. Misc. No. 16347 of 2021. Petitioner is in custody since 08.09.2020.
Counsel for the informant however, vehemently opposed the prayer for bail and submitted that there is specific and direct allegation against this petitioner of causing firearm injury and so far Ramchandra Yadav is concerned, he is only alleged to be the order giver. So far as Guddu Yadav and Kundan Yadav are concerned, they are alleged to have caught hold of the deceased and put him down. The bail application of similarly situated co-accused Santlal Singh has been rejected by this Court.
Considering the facts aforesaid and the nature of allegation, I am not inclined to enlarge the petitioner abovenamed on bail. Accordingly, the same is rejected.
(Prabhat Kumar Singh, J)
vinita/-
U T
1 issue framed by the court
Whether to grant bail to the petitioner accused in a murder case punishable under Sections 302, 120(B), 34 of IPC and Section 27 of Arms Act
2 provisions across 2 enactments
Bajrangi Singh
The State Of Bihar
PRABHAT KUMAR SINGH
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
