Petitioner applied for regular bail in a murder case. The court granted bail, noting discrepancies in postmortem report timing versus alleged time of death as grounds for allowing release on bail.
Petitioner released on bail by furnishing a bond of Rs. 10,000 with two sureties.
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.59839 of 2023
Arising Out of PS. Case No.-235 Year-2022 Thana- DERNI BAZAR District- Saran
======================================================
CHUNNU SHARMA @ RATNESH SHARMA Son of Upendra Sharma R/o vill - Bishambharpur, P.s. - Derni, Distt. - Saran At Chapra
... ... Petitioner/s
Versus THE STATE OF BIHAR PATNA ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr.Jeetendra Narayan For the Opposite Party/s : Mr.Pranav Kumar ======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER
4 09-11-2023
Heard the learned counsel for the petitioner and
learned counsel for the State.
4:30PM in the evening. The postmortem has been done at 9:45AM on 13.12.2022 and the F.I.R has been filed on 14.12.2022. Learned counsel for the petitioner submits that this delayed F.I.R. after the postmortem in goes to show that the petitioner may have been falsely implicated after the prosecution came to know about the exact injury given to the
Patna High Court CR. MISC. No.59839 of 2023(4) dt.09-11-2023 2/2
deceased.
(Sandeep Kumar, J)
Guddu/-
1 issue framed by the court
Whether bail should be granted in a case alleging assault causing death under Sections 302, 323, 341 and 34 of the IPC considering discrepancies in postmortem and FIR timing.
1 provisions across 1 enactments
Chunnu Sharma @ Ratnes Sharma
State of Bihar
Sandeep Kumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
