The High Court of Patna rejected the bail application of a petitioner accused of offences under the IPC and Arms Act. The court refused bail at this stage due to allegations of intention to kill, allowing renewal only if the trial exceeds six months.
Prayer for bail stands rejected; petitioner may renew prayer if trial not concluded within six 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.4367 of 2022
Arising Out of PS. Case No.-151 Year-2021 Thana- SABAUR District- Bhagalpur
======================================================
Jeevak Singh, aged about 22 years, Male Son of Yogendra Singh, Resident of Village Rattichak, P.S. - Gouradih, District - Bhagalpur.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Bijendra Kumar, Advocate For the Opposite Party/s : Mr. Binod Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA ORAL ORDER
2 08-06-2022
Heard learned counsel for the petitioner and learned APP for the State.
Let the defect(s), if any, as pointed out by the office be removed within a period of four weeks from today.
The petitioner seeks bail in connection with Sabour (Goradih) P.S. Case No. 151 of 2021 registered for the offences punishable under Sections 147, 148, 149, 341, 307, 447, 504, 506, 120(B) of the Indian Penal Code and 27 of the Arms Act.
The allegation against the petitioner is that he shot at the husband of the informant who received injury in his left thigh.
Learned counsel for the petitioner has submitted that the informant is not an eyewitness and the occurrence alleged did not take place. There was no intention to kill anybody as is
Patna High Court CR. MISC. No.4367 of 2022(2) dt.08-06-2022 2/2
apparent from the FIR. The petitioner is in custody since 03.08.2021.
Learned APP has opposed the contention of learned counsel of the petitioner.
Having regard to the facts and circumstances made hereinabove and the fact that the petitioner is alleged to be a person who fired the shot with intention to kill the informant, I am not inclined to enlarge the petitioner on bail at this stage.
The prayer for bail of the petitioner, stands rejected. However, if the trial is not concluded within six
months, the petitioner may renew his prayer for bail.
(Arun Kumar Jha, J)
Anand Kr.
U T
1 issue framed by the court
Whether the petitioner should be granted bail in a case involving serious offences including attempt to murder where intensity to kill was alleged.
2 provisions across 2 enactments
Jeevak Singh
The State of Bihar
ARUN KUMAR JHA
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
