This order rejects a second application for bail in a case involving offences under multiple sections of the Indian Penal Code. The Court declined to reconsider the earlier bail rejection despite a contention regarding the recording of facts concerning the victim's death.
The application for the grant of bail is 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.
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.47413 of 2015
Arising Out of PS.Case No. -218 Year- 2014 Thana -KUCHAIKOTE District- GOPALGANJ ====================================================== 1. Manu Kushwaha 2. Dhunmun Kushwaha@Tunmun Kushwaha Both son of Lallan Kushwaha resident of Mohalla- Asandi Mahuawa, ps Kuchaikot, District Gopalganj. .... .... Petitioner/s Versus 1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Madan Jeet Kumar For the Opposite Party/s : Mr. Arvind Kumar Pandey (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL ORDER 2 04-11-2015 Heard learned counsel for the petitioners and learned counsel for the State.
The petitioners seek bail in connection with Kuchaikot P.S. Case No. 218 of 2014 registered for the offences punishable under Sections 147, 148, 149, 341, 323, 324, 307, 379 and 302 of the Indian Penal Code.
The prayer for bail of the petitioners was earlier rejected by this Court vide order dated 04.03.2015 passed in Cr.Misc. No. 51771 of 2014.
It is contended that there is some error of record in the aforesaid order dated 04.03.2015. As a matter of fact, the daughter of the informant had not died on the spot rather she died
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one day after the alleged date of occurrence in course of treatment in the hospital.
Be that as it may, regard being had to the reasons recorded in the order dated 04.03.2015 passed in Cr.Misc. No. 51771 of 2014, I am not inclined to take a different view of the matter. Accordingly, the application for grant of bail is rejected.
In case the trial is not concluded within one year from the date of framing of charge for no fault on the part of the accused persons, the petitioners would be at liberty to renew their prayer for bail.
(Ashwani Kumar Singh, J)
Pradeep/U T
2 issues framed by the court
Whether the application for bail should be allowed when there is a discrepancy in the record regarding the timing of the informant's death.
Whether the reasons recorded in the previous bail rejection order justify denying bail again.
1 provisions across 1 enactments
Manu Kushwaha and Dhunmun Kushwaha
The State of Bihar
Ashwani Kumar Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
