High Court rejected bail application in murder and firearms case. Court held gravity of offence and direct firing allegation preclude bail despite omission of eye-witness testimony.
Prayer for grant of bail 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.7180 of 2022
Arising Out of PS. Case No.-186 Year-2021 Thana- PIRBAHOR District- Patna
======================================================
SONU KUMAR GUPTA @ S.K GUPTA S/O LATE SURESH PRASAD GUPTA R/O J.M. PALACE FOURTH FLOOR, GOVIND MITRA ROAD, P.S.- PIRBAHORE, DISTRICT- PATNA
... ... Petitioner/s
Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Yogesh Cshandra Verma Mr. Ghanshyam Tiwary For the Opposite Party/s : Mr. Pramod Kumar Pandey ======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
3 19-05-2022
Heard learned counsel for the petitioner and the
State.
The petitioner prays for grant of bail in Pribahore P.S. case no.186/2021 registered for the offence punishable under sections 307, 302/34 of the Indian Penal Code and section 27 of the Arms Act.
As per prosecution case, this petitioner along with coaccused persons came at the medical shop of the informant and fired as a result of which his brother got injured and died in course of treatment.
It is submitted on behalf of petitioner that the informant is not eye-witness to the occurrence and there is omnibus allegation of firing against accused persons. Petitioner is in
Patna High Court CR. MISC. No.7180 of 2022(3) dt.19-05-2022 2/2
custody since 9.8.2021.
Learned counsel for the State opposed the prayer for bail and submitted that there is direct allegation of firing against this petitioner.
Considering the gravity of offence, prayer for bail of the petitioner is rejected.
(Prabhat Kumar Singh, J)
s.hassan/-
U T
3 issues framed by the court
Whether bail should be granted to the petitioner in a case involving murder and culpable homicide.
Whether the petitioner has established that they are not the main accused to be eligible for bail.
Whether the direct allegation of firing against the petitioner negates the possibility of bail.
4 provisions across 2 enactments
Sonu Kumar Gupta @ S.K Gupta
The State of Bihar
Prabhat Kumar Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
