Application for bail rejected. The Court held that the FIR specifically named the applicant as an assailant in a murder case, refuting claims of general allegations. With extensive witness examination, no bail case was made out.
Application for bail rejected; directed to adhere to Section 309 Cr.P.C.
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.50508 of 2021
Arising Out of PS. Case No.-244 Year-2008 Thana- SURYAGARHA District- Lakhisarai
======================================================
Shankar Singh, Son of Late Potan Singh Resident of Village- Shobhni, P.S.Suryagarh, District- Lakhisarai.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
====================================================== Appearance : For the Petitioner/s : Mr.Ram Vinay Pd. Singh, Advocate For the Opposite Party/s : Ms. Veena Kumari Jaiswal, APP ======================================================
CORAM: HONOURABLE MR. JUSTICE A. M. BADAR
ORAL ORDER
This is an application for grant of bail to the applicant
in Crime No. 244 of 2008 registered with Suryagarha Police Station for the offences punishable under Sections 302 and 307 r/w Section 34 of the Indian Penal Code.
The learned counsel for the applicant argued that there are general and omnibus allegations against the accused persons. The applicant is behind bars for more than six years and there is no progress in the trial.
I have considered the submissions so advanced and also perused the FIR lodged by Ramanuj Singh, who happens to be an eye witness as well as husband of the deceased Babita Singh. It is averred in the FIR that when the applicant along with his wife were proceeding for catching the train, three accused persons accosted them and they indulged in
Patna High Court CR. MISC. No.50508 of 2021(3) dt.20-07-2022 2/2
indiscriminate fire in which wife of the First Informant succumbed to the firearm injuries suffered by her. It is further averred by First Informant Ramanuj Singh that he escaped the gunshot injuries despite firing of bullets at him.
The First Informant as such he is the eye witness to the crime in question in which his wife is succumbed to the gunshot injuries. The First Informant has categorically named the applicant, i.e, Shankar Singh as one of the assailant. Hence it cannot be said that allegation against the applicant are omnibus. The crime in question is punishable with life imprisonment or death. The trial of the offence is in progress. Nine out of fourteen charge sheeted witnesses are already examined. Three Investigating Officers were summoned by the trial court for recording their evidence on 14.06.2022 as seen from the report of the learned Sessions Judge.
In this view of the matter, no case for grant of bail is made out. The application is rejected. The learned trial court is directed to adhere to the mandate of Section 309 of the Cr.P.C. for deciding the part heard trial expeditiously.
Bhardwaj/-
(A. M. Badar, J)
U T
2 issues framed by the court
Whether bail is maintainable for the applicant in a serious criminal trial where the FIR specifically names him as an accomplice and witnesses have been examined.
Whether the absence of trial progress over six years is a sufficient ground to grant bail in a case involving life imprisonment or death penalty.
Shankar Singh
The State of Bihar
A. M. Badar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
