In a bail application filed by the petitioner accused of murder, the High Court of Jharkhand maintained custody. Finding the allegations in the First Information Report direct, the court declined to grant bail and dismissed the prayer.
Bail prayer of the petitioner is hereby rejected and the application stands dismissed.
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. 2359 of 2022
----
Raj Kumar Yadav
… Petitioner
-versus-
The State of Jharkhand
… Opposite Party
----
CORAM : HON’BLE MR. JUSTICE ANANDA SEN THROUGH VIDEO CONFERENCING
For the Petitioner: Mr. A.K. Chaturvedy, Advocate For the State: Mr. Jitendra Pandey, A.P.P. For the Informant: Mr. Ashok Kumar Singh, Advocate ----
3/ 11.03.2022 Petitioner is praying for grant of bail as he is in custody for allegedly committing offence punishable under Sections 302, 120B/34, 506 of the Indian Penal Code, in connection with Bashistha Nagar Police Station Case No.91 of 2021, pending in the Court of the Chief Judicial Magistrate, Chatra.
Heard learned counsel for the petitioner, the learned A.P.P. for the State and the counsel appearing for the informant.
Learned counsel for the petitioner submits that the case of a motor accident has been given a colour of murder. He submits that at best case can be one under Section 304A of the Indian Penal Code.
Learned counsel appearing for the informant submits that there is direct allegation of committing murder against this petitioner.
I have gone through the First Information Report. From the First Information Report, I find that the allegation is that there was some dispute between the petitioner’s family and the informant as the petitioner’s family wanted to take sand from the agricultural land of the petitioner. It is alleged that just a day before the date of occurrence, some altercation had taken place and deceased was threatened. On the fateful day, when this petitioner driving a tractor along with his family members went near the land of the informant, informant’s husband opposed. On the instigation of the family members, husband of the informant was assaulted and on the direction of family members, this petitioner, who was driving the tractor, dashed the husband of the informant with the tractor, who sustained injuries and later on died.
Considering the direct nature of allegation in the First Information Report against the petitioner, I am not inclined to grant bail to the petitioner.
-: 2 :-
Prayer for bail of the petitioner, abovenamed, in connection with Bashistha Nagar Police Station Case No.91 of 2021, pending in the Court of the Chief Judicial Magistrate, Chatra, is hereby rejected.
This application stands dismissed.
(Ananda Sen, J.)
Kumar/Cp-03
2 issues framed by the court
Whether bail should be granted to the petitioner who is accused of murder in a dispute over land.
Whether the allegations in the First Information Report are direct enough to deny bail.
3 provisions across 1 enactments
Raj Kumar Yadav
The State of Jharkhand
Ananda Sen
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
