Solo judge rejected bail application for petitioner involved in murder case under IPC. Court noted implications from co-accused confession and suggested trial conclude within six months to consider renewal of bail.
Prayer for bail rejected; trial to be concluded within six months or bail may be renewed.
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.21129 of 2022
Arising Out of PS. Case No.-70 Year-2019 Thana- KHAGAUL District- Patna
======================================================
SURENDRA PASWAN Son of Late Gorakh Paswan Resident of village - Bihta, P.S.- Salimpur, District - Patna.
... ... Petitioner/s
Versus
The State of Bihar Bihar
... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr.Suraj Kumar For the Opposite Party/s : Mr.Navin Kumar Pandey ======================================================
CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR PANDEY ORAL ORDER
3 27-09-2022
Heard learned counsel for the petitioner and
learned A.P.P. for the State.
The petitioner seeks bail in connection with
Khagaul P.S. Case 70/2019, registered for the offence punishable under Sections 302, 34 of the Indian Penal Code and 27 of the Arms Act.
As per prosecution case, the informant alleged that his son Ranjan Kumar was living at the house of his Sala, Bharat Paswan, in his Sasural. On 16.03.2019 his son came out from the house of his Mama on Scooty and about 10.30 pm the informant got information that his son was murdered after making firing upon him.
Learned counsel for the petitioner submits that petitioner is innocent and has falsely been implicated in this case. The petitioner is not named in the FIR and during course
Patna High Court CR. MISC. No.21129 of 2022(3) dt.27-09-2022 2/2
of investigtion, the name of petitioner surfaced in this case on the basis of confessional statement of co-accused, Ravish Kumar. The petitioner is languishing in custody since 21.05.2021 and bears criminal antecedent of one case.
The learned A.P.P. for the State vehemently opposed the prayer for bail of the petitioner submitting that at para 94 of the case diary confessional statement of co-accused, Ravish Kumar has been recorded who disclosed that the petitioner fired upon deceased Ranjan Kumar and the postmortem report also suggests that death was caused by firearm.
Considering the facts and circumstances of the case, nature of allegation levelled against the petitioner coupled with postmortem report as well as material available on record, I am not inclined to grant bail to the petitioner. Hence, prayer for bail of the petitioner stands rejected.
However, the trial court is directed to expedite the trial as early as possible. If trial is not concluded within six months from the date of receipt / production of copy of this order, the petitioner may renew his prayer for bail.
(Alok Kumar Pandey, J)
amitkumar/- U T
2 issues framed by the court
Whether bail should be granted to the petitioner facing murder charges where he is implicated via co-accused confession.
Whether the trial court should be directed to expedite proceedings.
2 provisions across 2 enactments
Surendra Paswan
The State of Bihar
Allok Kumar Pandey
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
