Petitioner sought regular bail in a murder case involving firearm injury. Arguments centered on lack of eye-witnesses, unrecorded TIR, and false implication. The court rejected the bail prayer due to the serious nature of the murder charge and supporting prosecution evidence.
Bail prayer of the petitioner stands rejected.
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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.38818 of 2022
Arising Out of PS. Case No.-129 Year-2021 Thana- BANGAWON District- Saharsa
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PRABHAKAR KUMAR Son of Kaman Singh @ Kaman Singh Mahto @ Kaman Singh Mehta Resident of Village - Murli Basantpur, P.S. bangaon, District - Saharsa.
Versus
The State of Bihar
... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Ms. Rashmi Jha, Advocate For the Opposite Party/s : Mr. Anant Kumar 1, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SHAILENDRA SINGH ORAL ORDER
4 24-02-2023 Heard learned counsel for the petitioner and the learned APP for the State.
Petitioner seeks regular bail in connection with S.T. No. 82 of 2022, arising out of Bangaon P.S. Case No. 129 of 2021 registered for the offences punishable under Sections 302/34 of the Indian Penal Code and 27 of the Arms Act.
As per the prosecution, the informant’s brother namely Uday Kumar was shot by using fire-arms by this petitioner at his chest, due to which the informant’s brother succumbed to the fire arm injury.
The main submissions advanced by the learned counsel Ms. Rashmi Jha for the petitioner are that the informant is not an eye-witness, he got the knowledge of the
Patna High Court CR. MISC. No.38818 of 2022(4) dt.24-02-2023 2/3
alleged incident from one namely, Mithu Kumar and as per the re-statement of the informant one person namely, Monajir Alam was also present when the alleged occurrence took place but his statement was not recorded during the investigation and petitioner was not put on test identification parade and he has been languishing in jail since 29.10.202. Further submission is that admittedly at the time of commission of the alleged occurrence procession was going but no eye-witness from that procession was made. Further submission is that the reason behind false implication of the petitioner is that before the alleged incident the cousin brother of the petitioner filed an information petition (Annexure-2) against the deceased and informant along with his father.
Learned APP Mr. Anant Kumar 1, appearing for the State has opposed the bail prayer.
Having considered the seriousness of the occurrence which relates to murder and there is a direct and serious allegation against the petitioner and he allegedly caused fire arm injury at the chest of the deceased and during investigation one person namely, Mithu Kumar who claims to be eye-witness supported the said allegation, this court is not inclined to accept his bail prayer for the present. Accordingly, his bail prayer
Patna High Court CR. MISC. No.38818 of 2022(4) dt.24-02-2023 3/3
stands rejected.
(Shailendra Singh, J)
Rajiv/-
U T
3 issues framed by the court
Whether regular bail should be granted to the petitioner accused in a murder and arms offence case given the allegations and lack of eye-witnesses.
Whether the serious nature of the offence and direct allegation against the petitioner precludes the granting of bail.
Whether the petitioner's claim regarding non-recording of brother's statement and absence of test identification parade warrants bail.
2 provisions across 2 enactments
Prabhakar Kumar
The State of Bihar
Shailendra Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
