KEDAR PANDEY Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard Mr. Yogesh Chandra Verma, Senior Advocate for the petitioner and Mr. Syed Rizwanul Haque, the A.P.P. representing the State.

(2.) This bail petition, appears to be one of the countless cases that expose the ineffectualness of the criminal justice delivery system in this State, and the facts and circumstances in which it is filed, it practically forces the hand of the court.

(3.) The petitioner along with several other accused persons is facing trial for offences, inter alia, punishable under Sec. 302 of the Penal Code. The occurrence took place on 11.10.2000 and the F.I.R. of the case was lodged by one Parshuram Kuer, the brother of the deceased Murli Kuer. According to the F.I.R., another accused in the case Hari Singh fired the first shot at Murli Kuer from his rifle. That shot hit him on the head and he fell down. Thereafter the other accused, including the petitioner made indiscriminate firing from their respective weapons as a result of which the body of Murli Kuer was riddled with shots.