IN THE HIGH COURT OF JUDICATURE AT PATNA
CR. APPEAL (DB) No.658 of 2009
KRISHNA SHAH
Versus
STATE OF BIHAR
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/5/ 6 July 2010 I.A. No. 2194 of 2009
2. Heard the learned Lawyer for the appellant and
the State on the prayer for bail of the appellant. .
3. It has been submitted that the appellant has
remained on bail during trial. The case is based upon
solitary testimony of the mother of the deceased. The main
witness is P.W. 1, who has not supported the prosecution
allegation. The allegation is that the mother of the deceased
was told, regarding death, by P.W. 1. Doctor, in his
evidence, has stated that after such injury the patient
immediately becomes unconscious and so it has been argued
that there was no possibility of making of any dying
declaration to prove the conformity of the deceased.
4. According to the allegation, the mother of the
deceased has gone immediately after the occurrence and the
deceased prior to her death has named this person as shooter
and after making this statement the deceased died. The
doctor in his statement has not stated specifically that in
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such a situation the patient can not make the statement.
5. Considering the fact that appellant is sole
assailant, whose name is mentioned in the dying declaration
of the deceased, we are not inclined to grant bail to the
appellant. The prayer for bail is rejected.
(Shyam Kishore Sharma, J.)
( Gopal Prasad, J. )
S.A.