Regular bail application in a murder case involving hired shooters. Bail was refused because the petitioner was found to be the main assailant, with motorcycles and multiple firearms recovered on his confessional statement, supported by ballistic report and criminal antecedents.
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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.31302 of 2024
Arising Out of PS. Case No.-632 Year-2023 Thana- PATLIPUTRA District- Patna
======================================================
Md. Raja Son Of Md. Seraj Resident Of Near Devi Asthan, P.S. - Khajekalan, District - Patna
... ... Petitioner/s
Versus
The State Of Bihar
... ... Opposite Party/s
====================================================== Appearance : For the Petitioner/s : Mr. Pramod Kumar, Advocate For the Opposite Party/s : Mr. Ram Anurag Singh, APP For the Informant : Mr. Rajesh Ranjan, Advocate : Mr. Ratnakar Pandey, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND MALVIYA
ORAL ORDER
4 19-07-2024
Patna High Court CR. MISC. No.31302 of 2024(4) dt.19-07-2024 2/3
the this case due to political rivalry and he has no concern with the alleged occurrence in this present case and nothing has been recovered from the conscious possession of the petitioner and he is not the shooter. He further submitted that the name of the petitioner surfaced on the basis of confessional statement of coaccused Md. Saiyad Shahanwaz who disclosed that the petitioner along with other co-accused persons have made the plan to commit the alleged crime.
Patna High Court CR. MISC. No.31302 of 2024(4) dt.19-07-2024 3/3
was an active participant in the murder of the brother of the informant. Two motorcycles were recovered on the basis of the confessional statement of the petitioner and another co-accused person which was used by the petitioner for the commission of the alleged crime. The recovery of various firearms were made on the basis of confessional statement of this petitioner. Further, it implicates that the petitioner was actively participating in the murder of the brother of the informant. The Ballistic expert report dated 23.03.2024 also supports the involvement of this petitioner. The other co-accused person has already been granted bail on the basis of confessional statement of co-accused, Saiyad Shahanwaz, wherein, only a motorcycle was recovered. The case of this petitioner is of different footing as the petitioner had lead the police to the recovery of various firearms which clearly indicates that the petitioner was active participant in commission of the crime, considering which, I am not inclined to grant regular bail to the petitioner.
(Ramesh Chand Malviya, J)
Brajesh Kumar/- U T
1 issue framed by the court
Whether regular bail should be granted to the petitioner accused as main assailant in a contract killing, given recoveries of firearms and motorcycles on his confessional statement.
2 provisions across 2 enactments
Md. Raja
The State Of Bihar
Ramesh Chand Malviya
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
