This order disposes of a bail application in a murder case. The High Court heard counsel for the petitioner and the State. Considering the serious nature of the allegations regarding shooting resulting in death, the court refused to enlarge the petitioner on bail.
The prayer for regular bail stands 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.2372 of 2023
Arising Out of PS. Case No.-164 Year-2017 Thana- SONEPUR District- Saran
======================================================
Mukesh Singh Son Of Late Awadhesh Singh Resident Of Village- Kharika, P.S.- Sonepur, District- Saran At Chhapra
... ... Petitioner/S
Versus
The State Of Bihar
... ... Opposite Party/s
====================================================== Appearance : For the Petitioner/s : Mr.Chandra Mohan Jha For the Opposite Party/s : Mr.Shahabuddin Azeem @ S. Azeem ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER
3 04-05-2023
Heard learned counsel for the petitioner and
learned APP for the State.
The petitioner has filed the instant application
for grant of regular bail in a case registered for the offences punishable under Sections 302/34 of the Indian Penal Code and Section 27 of Arms Act.
The prosecution case in nutshell is that due to
previous land dispute and enmity, three persons on two motorcycles, including the petitioner, came at the door of informant and started firing indiscriminately. It is
further alleged that petitioner fired at the informant’s wife due to which she sustained injuries over her chest.
Patna High Court CR. MISC. No.2372 of 2023(3) dt.04-05-2023 2/3
When informant’s son tried to save his mother, wife of petitioner and one Meera Devi tried to bite him and threatened him of dire consequences. The wife of informant was being taken to hospital, where she was declared dead.
It is submitted by learned counsel for the petitioner that petitioner has been falsely implicated in this case due to land dispute. There is no independent witness to support the prosecution version of the case. Moreover, the petitioner is in judicial custody since 16.02.2022.
Learned APP appearing on behalf of the State vehemently opposed the prayer of the petitioner and submitted that there is specific overt act of shot fire against the petitioner due to which wife of informant
succumbed to gun shot injuries. Postmortem report also corroborates with the prosecution version of the case and cause of death was due to fire arm injury.
Having heard the learned counsel for the
Patna High Court CR. MISC. No.2372 of 2023(3) dt.04-05-2023 3/3
parties and considering the nature of allegation, this court is not inclined to enlarge the petitioner on bail and,
as such, his prayer for bail stands rejected.
Learned trial court is directed to expedite the
trial and conclude the same as early as possible.
(Sunil Kumar Panwar, J)
Nirajkrs/-
U T
1 issue framed by the court
Whether the petitioner is entitled to grant of regular bail in a case involving charges of murder and use of arms.
2 provisions across 2 enactments
Mukesh Singh
The State Of Bihar
SUNIL KUMAR PANWAR
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
