The Patna High Court rejected an application for pre-arrest bail under Section 438 CrPC filed by accused persons in a murder case. The court noted the serious nature of the allegations and the existence of an eye-witness deposition.
Application under Section 438 CrPC for pre-arrest bail was rejected.
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IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.43380 of 2015
Arising Out of PS.Case No. -139 Year- 2014 Thana -ARER District- MADHUBANI ====================================================== 1. Dani Lal Mahto S/o late Kari Mahto 2. Rajendra Mahto@Raju Mahto S/o Dani Lal Mahto 3. Ram Sharan Mahto S/o late Balai Mahto All resident of Village- jamuari, P.s. Arer, District Madhubani. .... .... Petitioner/s Versus 1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Arbind Kumar Singh, Adv. For the State : Mr. Jharkhandi Upadhyay(App) For the Informant : Mr. Pranav Kumar, Adv. ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL ORDER
2 13-10-2015 Heard learned counsel for the petitioners and learned counsel for the State.
The petitioners seek pre-arrest bail in connection with Arer P.S. Case No. 139 of 2014 registered under sections 147, 148, 149, 323 and 302 of the Indian Penal Code.
It is contended that the petitioners have been falsely implicated in the present case. The further contention is that there is a general and omnibus allegation against nine persons including the petitioners.
On the other hand, learned counsel for the informant has vehemently opposed the prayer for bail. It is contended that the informant is an eye witness to the occurrence. He has clearly
Patna High Court Cr.Misc. No.43380 of 2015 (2) dt.13-10-2015
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stated in his fardbeyan that the accused persons including the petitioners mercilessly assaulted his father in his presence and in course of treatment he died.
Regard being had to the serious nature of allegation, I am not inclined to grant pre-arrest bail to the petitioner. Accordingly, the application under Section 438 of the Code of Criminal Procedure is rejected.
(Ashwani Kumar Singh, J)
Pradeep/-
U T
1 issue framed by the court
Whether pre-arrest bail under Section 438 CrPC should be granted in a murder case involving serious allegations where an eye-witness has deposed against the petitioners.
1 provisions across 1 enactments
Dani Lal Mahto and Others
The State of Bihar
Ashwani Kumar Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
