The High Court rejected a bail application filed by two PETITIONERS accused of assault, alleged resulting in the victim's death, under sections 302, 341, 323, 504, 337, and 338/34 of the IPC. The court found them to be the assailants and refused bail.
Prayer for bail 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.4012 of 2016
Arising Out of PS.Case No. -295 Year- 2015 Thana -MAJHAULIA DistrictWESTCHAMPARAN(BETTIAH) ====================================================== 1. Manoj Sahani, Son of Late Ramayan Sahani 2. Birendra Sahani, son of Late Ramayan Sahani Both residents of villageShekh Manjharia Malahi Tola Police Station- Majhaulia, District- West Champaran. .... .... Petitioner/s Versus 1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Shiv Kumar Dwivedy For the Opposite Party/s : Mr. Suman Kumari Singh(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 4 06-04-2016 Heard the learned counsel for the petitioners as well as the learned A.P.P for the State. The petitioners seek bail in a case for the offences punishable under sections 341, 302, 323, 504, 337 and 338/34 of the I.P.C Allegedly, the petitioners Birendra Sahani and Manoj Sahani at first assaulted the son of the informant with lathi and labeda and when the wife of the informant came for rescue she was also assaulted by both with lathi and labeda on her head resulting bleeding started from the ear and she became unconscious and she died at P.M.C.H. Patna.
Patna High Court Cr.Misc. No.4012 of 2016 (4) dt.06-04-2016
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Submission is of false implication and that against the petitioners there is no specific allegation, without any legal and tangible material they are suffering in custody since 01.10.2015, it is not a case of intentional murder, charge sheet has already been submitted and as such the petitioners deserve sympathetic consideration, to which the learned A.P.P. opposes.
In the facts and circumstances as stated above, considering that the petitioners are the assailants and as such I am not inclined to enlarge the petitioners on bail and accordingly their such prayer stands rejected in connection with Majhaulia P.S. Case No. 295 of 2015 pending in the court of the C.J.M. Bettiah, West Champaran.
(Jitendra Mohan Sharma, J)
Abhay/-
U T
2 issues framed by the court
Whether bail should be granted to the petitioners accused of assault causing death.
Whether the lack of specific allegations in the charge sheet entitles petitioners to bail.
Manoj Sahani
Birendra Sahani
The State of Bihar
Jitendra Mohan Sharma
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
