In an oral order, the Patna High Court rejected the bail application of an elderly petitioner accused of murder. The court refused release despite submissions regarding the land dispute nature of the case.
Prayer for bail in connection with Sessions Trial No. 679 of 2015 stands 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.14772 of 2016
Arising Out of PS.Case No. -113 Year- 2015 Thana -JALALPUR District- SARAN ====================================================== 1. Shyam Sundar Mahto Son of Late Rama Mahto, resident of villageSawri, Kashi Tiwari Tola, P.s.- Jalalpur, District- Saran at Chapra .... .... Petitioner/s Versus 1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Narendra Kumar For the Opposite Party/s : Mr. Pushpa Sinha(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 5 17-08-2016 Heard learned counsel for the petitioner as well as learned Additional Public Prosecutor for the State.
Petitioner seeks bail in a case registered for the offences punishable under Section 302 and other allied sections of the Indian Penal Code.
Petitioner is said to have given dagger blow causing death of informant’s father but submission on behalf of the petitioner is that petitioner is an old man aged about 75 years and as a matter of fact, the present occurrence took place on account of land dispute and moreover, only single blow was given by the petitioner to deceased.
Considering the aforesaid submissions as well as facts and circumstances of the case, I am not inclined to release
Patna High Court Cr.Misc. No.14772 of 2016 (5) dt.17-08-2016
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the petitioner on bail and hence, his prayer for bail in connection with Sessions Trial No. 679 of 2015 arising out of Jalalpur P.S. Case No. 113 of 2015 pending in the court of Additional Sessions Judge-VI, Saran at Chapra stands rejected.
(Hemant Kumar Srivastava, J)
SHAHZAD/-
U T
1 issue framed by the court
Whether bail should be granted to the petitioner charged with murder arising from a land dispute.
1 provisions across 1 enactments
Shyam Sundar Mahto
The State of Bihar
Hemant Kumar Srivastava
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
