Single-judge oral order dismissing a bail application for a murder charge. The court rejected the petitioner's plea of joyous firing and directed trail expedition.
Bail application rejected. Trial Court directed to expedite and conclude trial preferably within one year.
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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.13047 of 2023
Arising Out of PS. Case No.-54 Year-2020 Thana- TISIAUTA District- Vaishali
======================================================
DEO KUMAR SAHNI Son of Indal Sahni Resident of Village- Basahi Bhindi @ Gunai Basahi, P.S.- Tajpur, District- Samastipur
... ... Petitioner/s
Versus
The State of Bihar Bihar
... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mrs.Priyanka Singh, Advocate For the Opposite Party/s : Mr.Murli Dhar, APP ======================================================
CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
ORAL ORDER
4 19-07-2023
This matter was taken up on 29.3.2023 and though
there is specific allegation against the petitioner that he asked water from the deceased Sonu Kumar and upon his denial, opened fire which hit his head, he died on the spot, it was submitted by the learned Senior Counsel for the petitioner who appeared on that day that during the investigation, the case look a different route and it has come that it was the case of joyous firing and there was no intention to kill the boy.
Accordingly, the case diary was called for which has since been received.
The Supervision note of the Dy.S.P. is at para-21 and the S.P. at para-29 and as per it, the prosecution case has been fully supported by both the officials.
The case has already reached the commitment stage as
Patna High Court CR. MISC. No.13047 of 2023(4) dt.19-07-2023 2/2
per letter no. 34 dated 18.3.2023 sent by the Court of learned Additional Sessions Judge-XI, Vaishali at Hajipur.
In view of the aforesaid facts as also that there is direct allegation of killing an innocent Sonu Kumar upon denial of water, no relief can be granted to the petitioner and thus the bail application stands rejected.
The trial Court is directed to expedite and conclude the same preferably within a period of one year.
(Rajiv Roy, J)
Ravi/-
U T
2 issues framed by the court
Whether bail should be granted in a murder case involving fatal shooting of an innocent person.
Whether allegations of joyous firing instead of pre-meditated murder affect the need for bail.
DEO KUMAR SAHNI
The State of Bihar
RAJIV ROY
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
