Hearing a bail petition in a criminal case registered under IPC and Arms Act sections. The court observed the petitioner's active role in the incident causing death. The bail application was rejected, deeming it inappropriate to release the accused.
Bail rejected; petitioner to remain in judicial custody.
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.58659 of 2021
Arising Out of PS. Case No.-381 Year-2019 Thana- BRAHMPUR District- Buxar
======================================================
ASHOK SINGH S/o SOMANU SINGH R/o VILLAGE-BAIRIYA KOWATH, P.S-DAWATH, DISTRICT-ROHTAS.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
====================================================== Appearance : For the Petitioner/s : Mr. Manish Kumar No. 2, Advocate For the Opposite Party/s : Mr. Sanjay Kumar Tiwary, APP ======================================================
CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
ORAL ORDER
2 13-04-2022 Heard learned counsel for the parties.
The petitioner is in judicial custody in connection
with Brahmapur P.S. Case No. 381 of 2019 registered under Sections 307 and 326/34 of the Indian Penal Code and Section 27 of the Arms Act.
A written information was submitted by one Ramdeo Singh before the Brahmapur Police Station alleging that on 28th of August, 2019, while his daughter Jyoti Kumari was sleeping, her neighbour Puja Kumari took her to general store for buying some goods and they again went to the store after sometime where she was shot at by some accused persons. Meanwhile, his daughter-in-law also received a call from a number and the caller identified himself as Ashok and threatened that Jyoti Kumari will be killed. Jyoti Kumari was subsequently taken to
Patna High Court CR. MISC. No.58659 of 2021(2) dt.13-04-2022 2/2
the hospital and later she died due to spinal cord injury from that gun shot.
A bare perusal of learned Session's Judge order shows
the active role the petitioner took place in the said incident.
Taking into account the aforesaid facts, this Court
does not deem it fit and proper to release him on bail which is accordingly rejected.
(Rajiv Roy, J)
Jagdish/-
U T
2 issues framed by the court
Whether the petitioner, charged with culpable homicide not amounting to murder and attempted murder, is entitled to bail.
Whether the petitioner's active involvement in the incident precludes the granting of bail under the Facts and Circumstances.
2 provisions across 2 enactments
Ashok Singh
The State of Bihar
Rajiv Roy
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
