In an oral order, the Patna High Court dismissed a bail application filed by two accused charged under Sections 302/354/34 of IPC. The Court held itself not inclined to enlarge the petitioners on bail despite their clean antecedents and bail granted to co-accused for different grounds.
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.4777 of 2014
Arising Out of PS.Case No. -170 Year- 2013 Thana –CHAUTARWA (BHAIROGANJ) DistrictWEST CHAMPARAN(BETTIAH) ====================================================== 1. Pramod Singh S/O Late Singashan Singh 2. Ratnesh Singh S/O Yogendra Singh Both are Residents Of Village Nuniyapatti, P.O. Manjharia, Police Station Bhairoganj, District West Champaran. .... .... 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
3 03-07-2014 Heard Mr. Y. V. Giri, learned senior counsel for the petitioners, learned A.P.P. for the State and learned counsel for the informant, who has suo motu appeared. The petitioners seek bail in Chautarwa (Bhairoganj) P.S. Case No. 170 of 2013 dated 18.07.2013 instituted under Sections 302/354/34 of the Indian Penal Code.
Learned counsel for the petitioners submits that the
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petitioners are innocent and nothing has come during investigation to implicate them save and except the statement that they used to tease the deceased. Learned counsel has produced web copy of order dated 24.06.2014 passed in Cr. Misc. No. 5858 of 2014 by which two co-accused namely, Pappu Yadav @ Niraj Kumar Yadav and Sarfuddin @ Lakmuddin Mian have been granted bail. Let the same be kept on record. It is submitted that the petitioners have clean antecedent and are in custody since 07.11.2013.
Learned A.P.P. for the State, upon going through the case diary, and learned counsel for the informant, oppose the application. They submit that one witness has stated that the petitioners along with Fanindra Singh were seen coming out the house of the deceased round about the time of the incident and another witness has stated that prior to the incident, the petitioners were calling Fanindra Singh who was talking to the informant in his house saying that the informant would be able to go to the S.P. to complain only if they would allow the evidence to remain. It is submitted that the same are sufficient to indicate the role of the petitioners in the crime. Learned counsels further submit that the bail given to the two co-accused, Pappu Yadav @ Niraj Kumar Yadav and Sarfuddin @ Lakmuddin Mian was on the ground that they were not named as the persons who were seen either coming
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out the house of the informant or giving threatening to the informant outside his house.
Considering the facts and circumstances of the case and submissions of learned counsels for the parties, this Court is not inclined to enlarge the petitioners on bail.
Accordingly, the application stands dismissed.
(Ahsanuddin Amanullah, J.)
Anjani/U
2 issues framed by the court
Whether the petitioners should be granted bail in a murder and assault case.
Whether the clean antecedents of the petitioners and bail to co-accused justify enlarging them on bail.
1 provisions across 1 enactments
Pramod Singh
Ratnesh Singh
The State Of Bihar
Ahsanuddin Amanullah
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
