Patna High Court rejected the bail application of the accused in a murder case involving assault with a bamboo. The court held that evidence of fatal injuries precluded bail at this stage.
Prayer for bail rejected.
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.
Patna High Court Cr.Misc. No.11173 of 2012 (3) dt.11-09-2012
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.11173 of 2012
====================================================== Bulla Manjhi, S/o Late Asharfi Manjhi, R/Village- Bikrampur Rahmatpur, P.S. Asarganj, District- Munger.
.... .... Petitioner.
Versus
The State of Bihar
.... .... Opposite Party. CORAM: HONOURABLE MR. JUSTICE GOPAL PRASAD ORAL ORDER
3 11-09-2012 Heard learned counsel for the petitioner and learned counsel for the State.
The petitioner has been arrested in connection with S.T. Case No. 679 of 2011 arising out of Asarganj P.S. Case No. 32 of 2011, registered under Sections 302/34 of the Indian Penal Code.
There is specific allegation of assault by bamboo on the person of Shiva Manjhi, the brother of the informant on his neck by this petitioner.
However, injury report shows bruise of size 2”x1” on left side of near behind prinna and lacerated wound size 2”x1”x skull deep on left side of temporal region on head and cause of death due to haemorrhage as a result of aline weetined injury. However, witnesses in para 9 and 10 of the case diary also disclosure about the injury.
Having regard to the facts and circumstances of the case, I am not inclined to grant bail to this petitioner at this stage.
Hence his prayer for bail is hereby rejected.
m.p.
(Gopal Prasad, J)
2 issues framed by the court
Whether the petitioner is entitled to bail in a capital offence arising from assault with a bamboo causing death.
Whether the circumstances warrant granting bail at the present stage.
1 provisions across 1 enactments
Bulla Manjhi
The State of Bihar
Gopal Prasad
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
