Single Judge's rejection of bail application in a murder case. The court denied release, finding the petitioner the sole assailant who caused death, and directed expedition of trial.
Bail application dismissed; prisoners told trial be expedited.
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.24099 of 2015 (2) dt.20-07-2015
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.24099 of 2015
Arising Out of PS.Case No. -251 Year- 2014 Thana -FALKA District- KATIHAR ====================================================== 1. Amlesh Yadav Son of Late Jai Prakash Yadav resident of village - Chandpur, Police Station - Falka, District - Katihar .... .... Petitioner/s Versus 1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Raj Shekhar For the Opposite Party/s : Mr. A.K.Chaudhary(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 2 20-07-2015 Heard learned counsels for the petitioner and the State. The petitioner is languishing in custody since 14.12.2014 in a case registered for the offences punishable under Sections 147,148,149,341,323,324,307 and 302 of the Indian Penal Code and section 27 of the Arms Act.
It is alleged that 13 FIR named accused variously armed surrounded the son of the informant where upon this petitioner caused fire arm injury on the neck of the son of the informant who subsequently succumbed to the injury. It is alleged against co accused Rajednra Goswami to have caused injury with dabia to Bilas Yadav.
It is submitted by learned counsel for the petitioner that there is another version of the said incident being Falka(Pothia)
Patna High Court Cr.Misc. No.24099 of 2015 (2) dt.20-07-2015
P.S. Case No. 252 of 2014 where it has been alleged that firing made by co accused Dhirendra Yadav caused injury on the neck of the victim Birendra Yadav.
Considering the fact that the petitioner is the sole assailant of the victim, this court is not inclined to grant bail to the petitioner in connection with Falka (Pothiya) PS Case no. 251 of 2014 pending in the court of the learned CJM, Katihar.
This application is accordingly dismissed.
Let the trial be expedited.
(Dinesh Kumar Singh, J)
Anil/-
U T
3 issues framed by the court
Whether bail should be granted to the petitioner who is the sole assailant causing death of the victim.
Whether there are circumstances justifying the discharge of the bail application.
Whether the trial in the connected case should be expedited.
2 provisions across 2 enactments
Amlesh Yadav
The State of Bihar
DINESH KUMAR SINGH
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
