The Patna High Court dismissed a bail petition filed by a petitioner accused of murder and offences under the Arms Act. The court rejected the bail plea due to the gravity of the charges supported by medical evidence of firearm injuries and completion of investigation.
Bail application of the petitioner was 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.3281 of 2022
Arising Out of PS. Case No.-280 Year-2020 Thana- LAKHISARAI District- Lakhisarai
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Birju Mandal S/o Late Baldev Mandal R/o village- Ramnagar, Kishanpur, P.S.- Amarah, District- Lakhisarai
... ... Petitioner/s
Versus
... ... Opposite Party/s
====================================================== Appearance : For the Petitioner/s : Mr.Vaibhava Veer Shanker For the Opposite Party/s : Mr.Pramod Kumar Pandey, APP ======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER
4 20-05-2022 Heard learned counsel for the petitioner and learned A.P.P for the State.
The petitioner seeks bail in Lakhisarai (Amhara) P.S. Case No. 280 of 2020, registered for the offence punishable punishable under Sections 302, 120(B) and 34 of the Indian Penal Code and section 27 of the Arms Act.
As per the prosecution case, this petitioner opened fire with pistol upon the husband of informant which hit his head and co-accused persons fired on his body, as a result of which he fell down and succumbed to the injury.
It is submitted that no offence as alleged in the FIR has ever taken place and he has falsely been implicated in this
Patna High Court CR. MISC. No.3281 of 2022(4) dt.20-05-2022 2/2
case at the instance of enemies. FIR has been lodged after preparation of postmortem report. Petitioner is in custody since 13.09.2021. Investigation is complete.
Learned APP however vehemently opposed the prayer for bail and submitted that there is specific allegation of causing firearm injury which is duly supported by the postmortem report. The doctor has found three injuries caused by firearm from close range.
Considering the nature of accusation, I am not inclined to enlarge the petitioner above-named on bail. Accordingly, the same is rejected.
(Prabhat Kumar Singh, J)
1 issue framed by the court
Whether the petitioner is entitled to bail in a case involving offences under Sections 302 and 27 of the relevant Acts where the investigation is complete and there are firearm injuries.
2 provisions across 2 enactments
Birju Mandal
The State of Bihar
Smt. Sabita Devi
Prabhat Kumar Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
