In a writ petition for bail, the High Court ruled that the matter was not maintainable as the charge sheet pertained only to bailable offences. Petitioners were directed to surrender to the local magistrate.
The bail petition is held to be not maintainable and is disposed of; petitioners directed to surrender to the Judicial Magistrate.
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.13861 of 2014 (3) dt.11-08-2014
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.13861 of 2014
Arising Out of PS.Case No. -101 Year- 2012 Thana -KURSAKANTA District- ARRARIA
====================================================== 1. Lakhindra Mukhia S/O Late Kare Mukhia 2. Sanjay Mukhia S/O Lakhindra Mukhia 3. Chandan Mukhia, S/O Sri Lakhindra Mukhia 4. Ranjan Kumar Mukhia @ Ranjay Kumar Mukhia S/O Lakhindra Mukhia 5. Manjay Kumar Mukhia @ Manjoy Mukhiya S/O Lakhindra Mukhia 6. Swaroop Lal Mukhia @ Surup Lal Mukhiya S/O Late Kare Mukhia 7. Dhrup Lal Mukhia @ Dhurup Mukhiya S/O Kare Mukhia All Resident Of Village-Meghna (Mehdipur), Ward No.-2, P.S.-Kursakanta, DistrictAraria. 8. Janardan Singh @ Janardan Prasad Singh S/O Sumeshwar Singh VillageMehdipur Kaparphora, P.S.-Kursakanta, District-Araria. 9. Naresh Mandal S/O Dukhai Mandal Village-Gosaipur, P.S.-Kursakanta, District-Araria. .... .... Petitioner/s Versus 1. The State Of Bihar .... .... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Kundan Kumar Singh, Adv. For the Opposite Party/s : Mr. Sadanand Paswan, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 3 11-08-2014 At the outset, it is submitted that charge sheet has been filed against the petitioners only in respect of bailable offences and they are on police bail. 2. In that view of matter and having regard to the decision of the Hon’ble Division Bench reported in 2011 (1) PLJR 731 (Bishundeo Sahu Vs. The State of Bihar & Ors.) the present bail petition is held to be not maintainable.
Patna High Court Cr.Misc. No.13861 of 2014 (3) dt.11-08-2014
Sanjay, Judicial Magistrate, 1st Class, Araria in connection with
Kursakanta P.S. Case No. 101 of 2012.
(Vikash Jain, J)
Md. Ibrarul/-
U T
1 issue framed by the court
Whether a bail petition is maintainable when the charge sheet is filed only for bailable offences and the petitioners are already on police bail.
Colour shows how this judgement treated each authority
Bishundeo Sahu Vs. The State of Bihar & Ors.Relied on¶2
2011 (1) PLJR 731
Lakhindra Mukhia and others
The State of Bihar
Vikash Jain
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
