. For a bail application in a murder and arms case, the High Court refused to review the earlier order refusing bail, citing flood-related unavailability of witnesses and insufficient evidence examined.
Rejection of the prayer for bail; earlier order refusing bail remains in effect regardless of witness availability issues.
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.35747 of 2013 (4) dt.25-09-2013
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No. 35747 of 2013
=================================================== Dharmendra Singh @ Dharmendra Kumar Singh, Son of Shri Bhagwan Singh. .... .... Petitioner/s Versus The State of Bihar. .... .... Opposite Party/s =================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA PRAKASH ORAL ORDER 04. 25.09.2013 Heard learned counsel for the Petitioner and the
.... .... Petitioner/s Versus .... .... Opposite Party/s
State.
The Petitioner seeks bail in Barhara P.S. Case No. 144 of 2006 instituted for the offences under Section 302/34 IPC and Section 27 of the Arms Act.
Considering the report of the S.P. that the witnesses are not being produced since they belong to flood affected area and they would be produced on the next date as also the report of the Trial Court reveals that out of thirteen witnesses seven including the informant, IO and Medical Officer has been examined, I am not inclined to review the earlier order refusing bail to the Petitioner. The prayer for bail is once again rejected.
(Anjana Prakash, J.)
Vikash/-
1 issue framed by the court
Whether bail should be granted despite witnesses being unavailable due to flood affecting area.
2 provisions across 2 enactments
Dharmendra Singh @ Dharmendra Kumar Singh
The State of Bihar
Anjana Prakash
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
