The High Court of Patna dismissed the bail application. The petitioner alleged mistaken arrest and recovered weapon fabrication. The Court noted prior similar applications by co-accused were granted but denied bail here, directing trial conclusion within six months.
The bail 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 JUDICATURE AT PATNA
Criminal Miscellaneous No.1173 of 2014
Arising Out of PS.Case No. -143 Year- 2013 Thana -PARIHAR District- SITAMARHI
====================================================== Sujit Kumar Son Of Gopal Singh Resident Of Village - Jawahi, P.O. - Radhaur, P.S. - Sursand, District - Sitamarhi.
.... .... Petitioner/s Versus
The State Of Bihar
.... .... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.
For the Opposite Party/s : Mr.
======================================================
CORAM: HONOURABLE MR. JUSTICE AHSANUDDIN AMANULLAH
ORAL ORDER
6 10-07-2014 Heard learned counsel for the petitioner and Mr. Pranav Kumar, learned A.P.P. for the State.
The petitioner seeks bail in Parihar P.S. Case No. 143 of 2013 dated 19.07.2013 instituted under Sections 395/412/414 of the Indian Penal Code.
Learned counsel for the petitioner submits that though it is alleged that he along with three others were caught by the villagers but he is not involved in the crime and by chance he happened to be there and was mistakenly caught and also beaten
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up due to which he had to be admitted to P.M.C.H. and also undergo operation. It is submitted that recovery from the petitioner is said to be of loaded countrymade pistol which also was planted on him. Learned counsel submits that he has been remanded in the case on 18.10.2013. Learned counsel has also produced web copies of orders dated 11.02.2014, 10.04.2014 and 09.06.2014 by which co-ordinate Benches of this Court have granted bail to other co-accused namely, Shailendra Rai in Cr. Misc. No. 54387 of 2013, Shyam Rai @ Shyam Chandra Rai in Cr. Misc. No. 8340 of 2014 and Rakesh Kumar in Cr. Misc. No. 23299 of 2014. Let the same be kept on record. Learned counsel submits that the remand in those cases had been subsequent which will not amount to criminal antecedent.
Learned A.P.P., upon going through the case diary, submits that the petitioner along with three others was arrested while trying to run away after committing the crime by the villagers and then the police had come and arrested them. It is submitted that in the presence of the public/villagers, there cannot be any false implication and the police also could not have had any opportunity to implant any firearm on the petitioner. It is submitted that the petitioner also has three other cases against him under Sections 392/395 of the Indian Penal Code. Learned counsel
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submits that in the case of the persons who have been granted bail, in the order itself it is recorded that one was having only case under Section 498A of the Indian Penal Code against him whereas in the case of the other, the mobile which was recovered belonged to him and was not a looted article.
Considering the facts and circumstances of the case and submissions of learned counsels for the parties, this Court is not inclined to enlarge the petitioner on bail.
Accordingly, the application stands dismissed.
However, the court below shall expedite the trial and conclude the same within six months.
(Ahsanuddin Amanullah, J.)
Anjani/-
U T
3 issues framed by the court
Whether the petitioner is entitled to bail in a case involving injury to human body and dacoity.
Whether the recovery of a pistol and prior arrests justify denial of bail.
Whether the orders granting bail to co-accused in subsequent remand are relevant for bail in this case.
1 provisions across 1 enactments
Sujit Kumar Son Of Gopal Singh
The State Of Bihar
Ahsanuddin Amanullah
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
