Patna High Court rejected the petitioner's bail application in a murder case. The court noted the gravity of the offence, direct allegations of firing causing death supported by postmortem, and denied bail.
Bail prayer rejected.
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.9804 of 2021
Arising Out of PS. Case No.-96 Year-2020 Thana- CHANDI District- Nalanda
======================================================
SHANKAR PASWAN SON OF INDERDEV PASWAN Resident of Village - Chainpur, P.s.- chandi, (Vena), Dist.- Nalanda.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
====================================================== Appearance :
For the Petitioner/s : Mr.Pramod Kumar Sinha For the Opposite Party/s : Mr.Murlidhar, APP ======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER
2 03-06-2021
This matter is taken up for consideration through
Video Conferencing under the orders of Hon’ble the Chief Justice.
Heard learned counsel for the petitioner and learned A.P.P for the State.
The petitioner seeks bail in Chandi P.S. Case No. 96 of 2020 corresponding to Sessions Trial No. 199 of 2020, registered for the offence punishable under Sections 302, 323, 341, 504/34 of the Indian Penal Code and section 27 of the Arms Act.
As per the prosecution case, on 10.03.2020 at about 4.30 pm, while the informant, Sudhir Kumar (brother), Santosh Kumar (nephew) and villagers were at Devi Asthan, this petitioner with pistol in his hand along with other accused
Patna High Court CR. MISC. No.9804 of 2021(2) dt.03-06-2021 2/2
persons dragged the son of informant and fired upon him causing his death.
It is submitted on behalf of the petitioner that petitioner has falsely been implicated in this case due to village politics. Prosecution case is highly absurd and abnormal. There is case and counter case. Petitioner is in custody since 29.05.2020.
Learned APP however, vehemently opposed the prayer for bail and submitted that there is direct and specific allegation of firing against this petitioner, causing death of informant’s son. The aforesaid fact is also supported by the postmortem report.
Considering the facts aforesaid and the gravity of offence, I am not inclined to enlarge the petitioner above-named on bail. Accordingly, the same is rejected.
(Prabhat Kumar Singh, J)
vinita/-
U T
1 issue framed by the court
Whether the petitioner is entitled to bail in a case involving alleged murder and discharge of a pistol?
2 provisions across 2 enactments
Shankar Paswan
The State of Bihar
Prabhat Kumar Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
