Bail application of an accused charged with murder for allegedly firing the shot that killed the informant's son. The court found a specific accusation supported by postmortem evidence and witnesses, declined to grant bail, rejected the prayer, and directed the trial court to expedite the trial.
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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.7477 of 2023
Arising Out of PS. Case No.-191 Year-2022 Thana- SULTANGANJ District- Patna
======================================================
Ajeet Kumar Mehta @ Ajit Kumar Mehta @ Ajit Mehta S/O Late Lakshman Mahto Resident Of Village- Mohammadpur, Behind Of Gautam Buddh School, P.S.- Sultanganj, District- Patna.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
====================================================== Appearance : For the Petitioner/s : Mr.Md. Najmul Hodda For the Opposite Party/s : Mr.Ashok Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER
4 17-07-2023
Heard learned counsel for the petitioner and
learned A.P.P appearing on behalf of the State.
The petitioner is languishing in custody in a
case registered for the offences punishable under Sections 341, 302, 34, 120(B) of the Indian Penal Code and Section 27 of the Arms Act.
It is a case of commission of murder of the son of the informant by all the F.I.R named accused persons including the petitioner. It is specifically alleged agianst the petitioner that he shot fire which hit on the head of
the son of the informant, as a result of which, he
Patna High Court CR. MISC. No.7477 of 2023(4) dt.17-07-2023 2/3
succumbed to the injuries.
It is submitted by learned counsel for the
petitioner that petitioner is innocent and he has falsely been implicated in this case. There is no eye witness to the occurrence and only on the basis of suspicion, the petitioner has been roped in the present case. The petitioner was not apprehended from the spot. Nothing incriminating has been recovered from the conscious possession of the petitioner. The deceased himself was criminal and eight criminal cases were pending against him. Hence, there might be a possibility that someone has killed him due to rivalry. The petitioner is languishing in custody since 02.06.2022.
Learned A.P.P appearing on behalf of the State has vehemently opposed the prayer for bail of the petitioner and submitted that there is specific allegation against the petitioner that he shot fire at the deceased which hit on his head and he died. The postmortem report also corroborates the case of the prosecution as
Patna High Court CR. MISC. No.7477 of 2023(4) dt.17-07-2023 3/3
cause of death was head injury caused by fire-arm. The witnesses have also supported the case of the prosecution.
Considering the fact that there is specific accusation against the petitioner to have shot fire at the son of the informant, resulting into his death, this Court is not inclined to grant bail to the petitioner. The prayer for grant of bail to the petitioner stands rejected.
The Trial Court is directed to expedite the trial
and conclude the same at the earliest.
(Sunil Kumar Panwar, J)
Shageer/-
U T
1 issue framed by the court
Whether bail should be granted to the petitioner accused of shooting the informant's son in the head, causing death.
2 provisions across 2 enactments
Ajeet Kumar Mehta @ Ajit Kumar Mehta @ Ajit Mehta
The State of Bihar
Sunil Kumar Panwar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
