In a bail application under sections 302, 120-B and 34 IPC, the Patna High Court rejected the petitioner's plea for release, holding that he being the alleged assailant, bail was not warranted.
Prayer for bail rejected and against Paroo P.S. Case No. 01 of 2012.
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.26421 of 2015
Arising Out of PS.Case No. -1 Year- 2012 Thana -PAROO District- MUZAFFARPUR ====================================================== 1. Ranjeet Mahto, son of Late Ramdeo Mahto, Resident of village- Paroo, P.S.- Paroo, District- Muzaffarpur .... .... Petitioner/s Versus 1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Upendra Kumar Chaubey For the Opposite Party/s : Mr. M.Rab(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 3 12-10-2015 Heard the learned counsel for the petitioner as well as the learned A.P.P. The petitioner seeks bail in a case for the offences punishable under sections 302 and 120 (B)/34 of the I.P.C Allegedly, the petitioner being instigated by coaccused Arun Mahto stabbed Chandan Mahto who was brought at Paroo Hospital and after some treatment was referred to Muzaffarpur but he died in the way.
Submission is of false implication and that the informant is not an eye witness and he is suffering in custody since 13.01.2015 having no criminal antecedent.
The learned A.P.P. opposes prayer for bail by submitting that during investigation eye witnesses have supported
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the allegation that the petitioner is the assailant and for that he has referred paragraphs- 15, 16 and 17 of the case diary.
In the facts and circumstances as stated above, considering that the petitioner is the assailant this Court is not inclined to enlarge the petitioner on bail and accordingly his such prayer stands rejected in connection with Paroo P.S. Case No. 01 of 2012/ G.R. No. 07 of 2012 pending in the court of Sub. Divisional Judicial Magistrate, Muzaffarpur.
(Jitendra Mohan Sharma, J)
Abhay/-
U T
1 issue framed by the court
Whether the petitioner is entitled to bail in a case alleging offences under sections 302, 120-B and 34 IPC.
3 provisions across 1 enactments
Ranjeet Mahto
The State of Bihar
Jitendra Mohan Sharma
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
