Regular bail plea in a murder case under Sections 302/120(B)/34 IPC and Section 27 Arms Act. The court noted contradictory witness statements but also the petitioner's criminal antecedents and specific FIR allegations; with trial expected to conclude within six months, bail was rejected.
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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.21614 of 2023
Arising Out of PS. Case No.-21 Year-2021 Thana- NOWKOTHI GARHPURA DistrictBegusarai
======================================================
SWET KUMAR @ MAHANTH SHWET DASS @ MAHANTHA Son of Upendra Mahto R/V- Ward no. 4, Mahto Pathak Tola, Rani Sakarpura, Rani Shakarpura, P.S- Khagaria Dist- Khagaria. At present R/V- Deopura P.sNaokothi Dist- Begusarai
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr.Pritish Kumar Lal For the Opposite Party/s : Mr.Md. Aslam Ansari ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER
6 02-12-2023
counsel for the informant and learned APP for the State.
with Naokothi P.S. Case No. 21 of 2021 instituted for the offence under Sections 302, 120(B)/34 of the Indian Penal Code and Section 27 of the Arms Act.
Patna High Court CR. MISC. No.21614 of 2023(6) dt.02-12-2023 2/3
petitioner is innocent and committed no offence. He has falsely been implicated in this case. It is also submitted that some witnesses vide para 10 & 162 of the case diary, have been examined during course of investigation but they have given contradictory statement regarding the alleged occurrence. The petitioner is languishing in judicial custody since 31.7.2022.
Patna High Court CR. MISC. No.21614 of 2023(6) dt.02-12-2023 3/3
months), failing which, the petitioner may renew his prayer of bail.
(Sunil Kumar Panwar, J)
Amandeep/-
U T
1 issue framed by the court
Whether the petitioner, named in the FIR for firing that caused the informant's father's death and with five criminal antecedents, should be enlarged on regular bail.
2 provisions across 2 enactments
Swet Kumar @ Mahanth Shwet Dass @ Mahantha
The State of Bihar
Sunil Kumar Panwar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
