The Patna High Court rejected a bail petition filed by three accused persons charged with murder and an offence under the Arms Act. The court relied on the refusal of bail granted to a similarly situated co-accused.
Prayer for bail of the petitioners was 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.7750 of 2014 (2) dt.18-04-2014
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.7750 of 2014
====================================================== 1. Vikki Rai S/O Manoj @ Makori @ Mokari 2. Riki Rai S/O Manoj @ Makori @ Mokari 3. Manoj @ Makori @ Mokari S/O Late Parash Rai All Are Resident Of Village- Daldali Road, P.S.- Danapur, Distt.- Patna .... .... Petitioner/s Versus 1. The State Of Bihar .... .... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Vijay Kumar Sinha, Advocate For the Opposite Party/s : Mr. APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SHYAM KISHORE SHARMA ORAL ORDER
Learned counsel for the petitioners prayed for calling of the case diary.
The petitioners are accused of a case registered under Section 302 and some allied Sections of the Indian Penal Code and Section 27 of the Arms Act which relates to killing of two persons by a mob consisting of the petitioners and others. Allegation of giving fatal shot is against Satish, Ajit and Ranjit @ Kaliya.
Submission is that no overt act has been alleged
against the petitioners. The petitioners are men of clean past.
Patna High Court Cr.Misc. No.7750 of 2014 (2) dt.18-04-2014
Prayer for bail of the petitioners has been opposed by the learned APP assisted by the learned counsel representing the informant. It has been submitted that one of the identically situated co-accused has been refused bail by this Court vide Cr. Misc. No. 6538 of 2014.
Learned counsel for the petitioners rebutted and argued that case of co-accused Pinku Jaiswal was not heard on merit rather it was dismissed due to non-appearance of the learned advocate representing the petitioner. It has also been submitted that co-accused Pinku Jaiswal had criminal antecedent also.
So far as the allegation is concerned, allegation against the petitioners is identical to Pinku Jaiswal that they were the members of mob which killed two persons. Prayer for bail of co-accused has been refused by this Court.
Considering the above facts, prayer for bail of the petitioners is rejected in connection with Danapur P.S. Case No. 620 of 2013.
(Shyam Kishore Sharma, J)
avin/-
2 issues framed by the court
Whether the prayer for bail of the petitioners accused of aggravated murder should be allowed considering their antecedents and identical allegations against co-accused.
Whether the refusal of bail to a similarly situated co-accused can be relied upon to deny bail to the present petitioners.
3 provisions across 2 enactments
Vikki Rai S/O Manoj @ Makori @ Mokari
Riki Rai S/O Manoj @ Makori @ Mokari
Manoj @ Makori @ Mokari
The State Of Bihar
SHYAM KISHORE SHARMA
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
