Ishrat v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.55597 of 2015 Arising Out of PS.Case No. -23 Year- 2014 Thana -MARKAHI District- KHAGARIA ====================================================== Ishrat .... .... Petitioner/s
Versus
The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Aaruni Singh For the Opposite Party/s : Mr. A.L.Pandit(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE MUNGESHWAR SAHOO ORAL ORDER 15-12-2015 Heard learned counsel for the petitioner and learned A.P.P. for the State.
The petitioner, namely, Ishrat, is in custody in Markahi P.S. Case No. 23 of 2014 (G.R. No.682 of 2014) under Sections 325, 307, 302/34 of the Indian Penal Code and Section 27 of the Arms Act.
According to the prosecution case, all the co-accused persons including this petitioner assaulted the informant party and this petitioner, Ishrat, fired at the brother of the informant, Md. Mokim, which hit him on his stomach, as a result of which, he fell down and he subsequently died during course of treatment. Learned counsel for the petitioner submitted that all other co-accused persons have already been granted bail by this Court and the post-mortem report of the deceased shows that he
Patna High Court Cr.Misc. No.55597 of 2015 (02) dt.15-12-201 2 / 2 received two fire arm injuries and that there is counter version. The petitioner's party have also filed a complaint case being Complaint Case No. 385 of 2014.
Perused the post-mortem report. Admittedly, in view of the post-mortem report, the deceased, Md. Mokim, died out of fire arm injuries and the allegation in the F.I.R. is direct against the petitioner that he fired at the deceased, which hit at his stomach. In view of the above facts and circumstances of the case, in my view, the case of the present petitioner is at different footing than the co-accused, therefore, the bail application of the petitioner stands rejected.
(Mungeshwar Sahoo, J.) Brajesh/- U T