The High Court heard a bail application in a murder case. Despite arguments of innocence, the court rejected bail due to the heinous nature of the allegations. It directed the trial court to expedite the trial within nine months.
Bail petition rejected; trial to be concluded within nine months.
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.17703 of 2022
Arising Out of PS. Case No.-90 Year-2021 Thana- BIKRAM District- Patna
======================================================
VISHAL KUMAR S/o Vipin Singh R/o Village- Pariyawan, P.S.- Bikram, District- Patna.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
====================================================== Appearance : For the Petitioner/s : Mr. Vivekanand Singh For the Opposite Party/s : Mr. Umanath Mishra A.P.P. For the Informant/s : Mr. Shekhar Kr. Singh Adv. Mr. Pooja Kumari Mr. Raja Surendra Mohan Adv. ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH
ORAL ORDER
4 08-09-2022
Learned counsel for the petitioner is permitted to
remove defect (s), as pointed out by the office, if any, within a period of four weeks on resumption of physical mode.
Heard learned counsel for the petitioner and learned A.P.P for the State.
The petitioner has preferred this application for grant of regular bail in a case registered under sections 302 read with 34 of the Indian Penal Code.
As per the prosecution case, the petitioner and coaccused person holding knife and co-accused person Vipul Kumar holding pistol came to the informant and co-accused person Vipul Kumar pointed pistol at the head of the informant's
Patna High Court CR. MISC. No.17703 of 2022(4) dt.08-09-2022 2/3
elder son Manish Kumar and caught hold of him and the petitioner Vishal Kumar and co-accused Bipin Singh stabbed into his panjara, forehead and other parts of his body. On halla, the petitioner and co-accused persons fled away after threatening to kill the informant and his younger son. Later on, the informant's son was taken to Government Hospital, Bikram, where the doctor declared him dead. Previously, they had also committed offence with his youger son for which Bikram P.S Case No. 132 of 2020 was registered.
Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. Nothing has been recovered from the conscious possession of the petitioner. The petitioner is accused in one more criminal case as stated in para 3 of the bail petition. The petitioner is in custody since 23.05.2021.
Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner and further submitted that the petitioner is named in the F.I.R. As per the post-mortem report, six multiple incised wounds have been found on the body of the deceased, out of which two are over the right frontal eminence, one over the lateral border of back of the right forearm, one over the back of the right 1st metacarpophalangeal joint, one tissue
Patna High Court CR. MISC. No.17703 of 2022(4) dt.08-09-2022 3/3
deep wound over the left side of the chest, and one muscle deep wound over the left palm. There are three stab wounds on the body of the deceased, one 03 cm x 0.5 cm x muscle deep over the left 1st web space, one 05 x 03 cm x soft tissue deep and one 05 cm x 0.5 cm x cavity deep below the left axilla. The allegation against the petitioner is supported by the post-mortem report. The said incised wound injuries were caused by sharp edged weapon, stab wound injuries were caused by a weapon with both edges being sharp and the cause of death was shock and Haemorrhage as a result of rupture of heart and lung and besides other above mentioned injuries.
Considering the aforesaid facts and circumstances as well as the heinous nature of allegation against the petitioner, I am not inclined to enlarge this petitioner above-named on bail.
Learned Trial Court is directed to expedite the trial and conclude the same preferably within 9 months.
The bail petition stands rejected.
(Chandra Prakash Singh, J)
atul/-
U T
2 issues framed by the court
Whether regular bail can be granted to the petitioner charged with murder.
What direction can be issued to expedite the trial.
1 provisions across 1 enactments
VISHAL KUMAR
THE STATE OF BIHAR
CHANDRA PRAKASH SINGH
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
