3 weeks ago
Patna High Court seeks action against judge for 'perverse' bail
A man was accused of shooting another man who was feeding his cow in a part of Patna city.
The police arrested the accused man, but a court judge let him go free on bail.
The judge did this very quickly, even on a day when the court was not supposed to be meeting.
Later, a higher court called the Patna High Court looked at the judge's decision.
The higher court said the decision was 'perverse,' which means it was badly wrong.
The judge had ignored a doctor's report that said the victim had a serious injury to his leg.
He also ignored the accused man's past criminal record.
The High Court cancelled the bail and said the accused must face the case again.
It also asked for action to be taken against the judge who made the bad decision.
The High Court said justice must be done and must also look fair to everyone.
The Patna High Court directed records of a 2024 firing case to be placed before the Acting Chief Justice for 'appropriate action' against a Patna judge over serious faults in a bail order.
Justice Sandeep Kumar cancelled the bail of Dharmendra Kumar, accused of firing on a man in Patna's Digha on June 6, 2024, calling the order 'perverse'.
The judgment said the order suffered from 'complete non-application of judicial mind' and ignored Kumar's criminal antecedents and the medical evidence.
The bail, granted on July 22, 2024, was criticised for 'unusual haste and expedition' and was allowed on a date not fixed for hearing.
The court ruled that Kumar failed to make a 'fair, complete and candid disclosure' of his criminal record, omitting two cases including one with a chargesheet.
- Who
- Justice Sandeep Kumar of the Patna High Court, who cancelled the bail and sought action against the lower-court judge; the accused is Dharmendra Kumar.
- What
- The High Court cancelled a 'perverse' bail order in a 2024 firing case and asked the Acting Chief Justice to consider action against the judge who granted it.
- Where
- Digha, Patna, where the firing took place; before the Patna High Court.
- When
- Shooting on June 6, 2024; arrest on June 7, 2024; bail granted July 22, 2024; High Court ruling dated July 29, made public only recently.
- Why
- Because the bail order ignored medical evidence and criminal antecedents, relied on irrelevant considerations, and was passed with unusual haste on a date not fixed for hearing.
High Court's Position
Lower Court Judge's Position
Validity of the injury report
High Court's Position
The bail order was ex-facie contrary to the Patna Medical College injury report, which recorded an injury beside the right eye, tenderness in the left leg and a foreign body in the fibula, opined 'grievous'.
Lower Court Judge's Position
The injury report showed no apparent firearm injury and no injury to any vital part of the body.
Reasons for granting bail
High Court's Position
The order relied on irrelevant considerations and ignored material on record, including the accused's criminal antecedents and medical evidence.
Lower Court Judge's Position
The lower court cited the existence of a counter-case, a land dispute between the parties, the absence of the alleged firing in CCTV footage and no material suggesting flight risk or tampering.
Manner of disposal
High Court's Position
Bail was granted with 'unusual haste and expedition' on July 22, 2024, a date on which the plea was not even fixed for hearing.
Lower Court Judge's Position
The lower court's order examined the material before it, including the injury report, the counter-case and the CCTV examination by the investigating officer.
Key facts
- Court
- Patna High Court (Justice Sandeep Kumar)
- Accused
- Dharmendra Kumar
- Incident
- June 6, 2024, firing in Digha, Patna; victim Gopi alias Mukesh Kumar shot while feeding his cow
- Arrest
- June 7, 2024
- Bail granted by lower court
- July 22, 2024
- Injury findings
- Injury beside right eye, tenderness in left leg, foreign body in fibula region; opined 'grievous'
- High Court action
- Bail cancelled; records placed before Acting Chief Justice for action against the judge
Quotes
Justice Sandeep Kumar
Patna High Court Judge
“"First, the concerned judge has passed the impugned order while recording an observation which is ex-facie contrary to the injury report of victim issued by the Patna Medical College."”
indianexpress.com
“"The impugned order suffers from complete non-application of judicial mind and therefore cannot be sustained and is accordingly liable to be cancelled."”
indianexpress.com
Sources
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