Single judge oral order denying bail to a petitioner charged with affray and injuries causing death under SC/ST Act and Section 307 IPC, citing antecedents.
Prayer for bail 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.51674 of 2015
Arising Out of PS.Case No. -87 Year- 2015 Thana -SAHAR District- BHOJPUR ====================================================== 1. Avinash Rai, Son of Shambhu Saran Rai, Rsident of Village- Perhap, P.S. Sahar, District- Bhojpur. .... .... Petitioner/s Versus 1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Ravindra Kumar For the Opposite Party/s : Mr. Ram Shankar Das(Spl.App) ====================================================== CORAM: HONOURABLE MR. JUSTICE KISHORE KUMAR MANDAL ORAL ORDER 2 14-12-2015 Heard the Counsel for the petitioner and Mr. Das Special P.P. for the State.
Petitioner is facing accusations punishable under section 307 IPC and diverse penal provisions of the SC/ST Act vide Sahar P.S. Case No 87 of 2015.
An altercation is alleged to have taken place in which the petitioner threatened the prosecution side and thereafter resorted to indiscriminate firing in which as many as three injuries were received. Another person who received injury was caused was hard blunt substance.
Contention of the petitioner is that he does not own any Sharab Bhatti which is the cause of the quarrel. He is in custody since 9.8.2015.
Learned Special P.P., on the other hand, placed the F.I.R. to
Patna High Court Cr.Misc. No.51674 of 2015 (2) dt.14-12-2015
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contend that allegation of causing injury by gun shot, in the facts of the case, is directed against the petitioner only. He has also pointed out the criminal antecedent of the petitioner from the records.
records.
Considering the submissions of the parties, I find no merit for grant of bail in the present case. Prayer is rejected. Petitioner may renew his prayer for bail after 07 months if the trial does not record adequate progress.
(Kishore Kumar Mandal, J)
Pankaj/-
U T
1 issue framed by the court
Whether the prayer for bail should be granted in a case involving affray, injury by gunshot, and antecedents under Section 307 IPC and SC/ST Act.
2 provisions across 2 enactments
Avinash Rai
Kishore Kumar Mandal
Pankaj
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
