Dismissed¶22

Bhim Vishwakarma v. The State of Bihar

Criminal Miscellaneous (Bail) – Section 302 IPC

Patna HC14 Nov 2024CR. MISC./43593/2024

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What is this about?

Patna High Court, Cr. Misc. No. 43593 of 2024, decided 14-11-2024 by Rajiv Roy, J. Bail application rejected in Durgawati P.S. Case No. 67 of 2024, Section 302 IPC, District Kaimur (Bhabua); allegations of murder of the petitioner's mother; custodial confession followed by recovery/seizure of the revolver used in the killing; informant Ranjit Viswakarma; petitioner Bhim Vishwakarma; State of Bihar represented by APP.

What did the court decide?

Bail refused: taking into account the parties' submissions, the direct allegation against the petitioner, and that after he was taken into custody on his confession the firearm used in the alleged killing of his mother was recovered/seized, no relief can be extended to him. ¶21

Bhim Vishwakarma Vs The State of Bihar — Murder and Culpable Homicide | Patna HC (2024)

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.43593 of 2024

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Arising Out of PS. Case No.-67 Year-2024 Thana- DURGAWATI District- Kaimur (Bhabua)

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Bhim Vishwakarma Son of Late Vijay Shankar Sharma Resident of Village - Udhpura, P.S. - Durgawati, District - Kaimur (Bhabua).

... ... Petitioner/s

Versus

The State of Bihar

... ... Opposite Party/s

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====================================================== Appearance : For the Petitioner/s : Mr. Kumar Sunil, Adv. For the Opposite Party/s : Mr. Rajendra Nath Jha, APP ======================================================

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CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER

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5 14-11-2024 Heard Mr. Kumar Sunil, learned counsel for the petitioner and the State.

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The petitioner is in custody in connection with Durgawati P.S. Case No. 67 of 2024 for the offence punishable under sections 302 of the Indian Penal Code lodged on 17.03.2024 by the informant, Ranjit Viswakarma.

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As per the prosecution story, the informant, who is the elder brother of the petitioner, alleged that his brother (petitioner herein) regularly used to say that he will kill his mother as despite protest, she is not mending her ways and having relationship with unknown person. On the fateful day, he came to know about the killing, which led to the FIR.

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Subsequently, the investigation took place, the petitioner was apprehended and on his confession, the revolver used in the killing of his mother was recovered/seized.

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Learned counsel for the petitioner submits that if

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Patna High Court CR. MISC. No.43593 of 2024(5) dt.14-11-2024 2/2

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the informant had the knowledge that the petitioner will kill his mother, he should have taken steps to prevent it and the confession before the police has no meaning.

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Learned APP, Mr. Bharat Bhushan, on the other hand, submits that the occurrence did not take place in the home rather in the field of a farmer where she had gone to attend the nature’s call.

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Learned APP further submits that though the confession before the police may not have any meaning, in view of the fact that pursuant to the confession, there is recovery of the fire arm used in the occurrence, the chain is complete.

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Taking into account the submissions put forward by

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the parties as also the fact that direct allegation is against the petitioner and after he was taken into custody on his confession, the fire arm used in the alleged killing of his mother has been recovered/seized, in that background, no relief can be extended to him.

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Accordingly, the bail application stands rejected.

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(Rajiv Roy, J)

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Vijay Singh/-

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Bhim Vishwakarma v. The State of Bihar

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Bhim Vishwakarma v. The State of Bihar

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