A criminal court in Jharkhand rejected the petitioner's renewed bail prayer in a murder case involving arms possession. The judge declined to reconsider the prayer, noting prior rejections based on merits and the recovery of stolen items via the petitioner's confession.
Prayer for bail of the petitioner was rejected and not reconsidered.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JHARKHAND AT RANCHI
B. A. No. 1324 of 2016 Naresh Singh ..... … Petitioner Versus The State of Jharkhand .…. … Opposite Party -------CORAM : HON’BLE MR. JUSTICE H. C. MISHRA -----For the Petitioner : Mr. Dilip Kumar Prasad, Advocate For the State : A.P.P. --------
The petitioner has been made accused for the offences under Sections 302 / 34 of the Indian Penal Code and Section 27 of the Arms Act, in connection with Jagarnathpur P.S. Case No. 202 of 2014 corresponding to G.R. No. 3468 of 2014, S.T. No. 195 of 2015.
The case relates to murder of husband of the informant and the case was instituted against unknown. In view of the fact that confessional statement of the petitioner had led to the recovery of motorcycle and firearm used in the commission of offence, earlier bail applications of this petitioner were rejected twice on merits.
Learned counsel for the petitioner has renewed the prayer for bail.
In the facts of this case, I am not inclined to reconsider the prayer for bail of the petitioner, Naresh Singh. Accordingly, his prayer for bail is rejected.
( H. C. Mishra, J.)
R.Kr.
3 issues framed by the court
Whether the prayer for bail of the petitioner, who strung accused of murder and arms possession with recovered weapons, should be reconsidered.
Whether the recovery of incriminating articles via confessional statement justifies rejection of renewed bail application.
Whether the petitioner's earlier bail rejections on merits should lead to the same outcome in this renewed application.
2 provisions across 2 enactments
Naresh Singh
The State of Jharkhand
H. C. Mishra
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
