Bail application in a murder case where the petitioner allegedly shot the informant's husband dead. Citing the specific accusation and corroboration by the postmortem report and independent witnesses, the High Court declined bail but directed the trial court to expedite the trial.
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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.26994 of 2023
Arising Out of PS. Case No.-456 Year-2022 Thana- MADHEPURA District- Madhepura
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Sanjeev Chaupal S/O Balram Sharma R/O Village-Baluaha, Ward No.-7, P.S.Madhepura (Parmanandpur O.P.), District-Madhepura
... ... Petitioner/s
Versus The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr.Rupesh Kumar For the Opposite Party/s : Mr.Yogendra Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER
3 24-07-2023
Heard learned counsel for the petitioner,
informant and learned A.P.P appearing on behalf of the State.
The petitioner is languishing in custody in a
case registered for the offences punishable under Sections 147, 148, 149, 341, 302 of the Indian Penal Code and Section 27 of the Arms Act.
It is alleged against the petitioner that he shot fire at the husband of the informant, as a result of which, he sustained gunshot injuries and died.
It is submitted by learned counsel for the petitioner that petitioner is innocent and he has falsely
Patna High Court CR. MISC. No.26994 of 2023(3) dt.24-07-2023 2/3
been implicated in this case. The informant is not the eye witness to the occurrence. It is further submitted that occurrence was committed on 18.05.2022 whereas inquest report was also prepared on the same day but the F.I.R was registered on 19.05.2022 which suggests that an afterthought story was prepared and petitioner was implicated in the present case. The petitioner is languishing in custody since 13.06.2022.
Learned counsel appearing on behalf of the informant and learned A.P.P appearing on behalf of the State have vehemently opposed the prayer for bail of the petitioner and submitted that there is specific allegation against the petitioner that he shot fire at the husband of the informant, as a result of which, he sustained gunshot injuries and died. The postmortem report also corroborates the case of the prosecution. The independent witnesses also supported the case of the prosecution.
Considering the fact that there is specific
Patna High Court CR. MISC. No.26994 of 2023(3) dt.24-07-2023 3/3
accusation against the petitioner, this Court is not inclined to grant bail to the petitioner. The prayer for
grant of bail to the petitioner stands rejected.
The Trial Court is directed to expedite the trial
and conclude the same at the earliest.
(Sunil Kumar Panwar, J)
Shageer/-
U T
1 issue framed by the court
Whether the petitioner accused of firing fatally at the informant's husband should be released on bail.
2 provisions across 2 enactments
Sanjeev Chaupal
The State of Bihar
Sunil Kumar Panwar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
