Mukesh Kumar v. The State Of Bihar
Case brief
What is this about?
Patna High Court rejected the petitioner's bail application in an IPS case involving abduction and drowning. The court held that the recovery of the dead body and witness statements made bail unlikely. However, the trial court was directed to expedite the trial within six months.
What did the court decide?
Petitioner's bail application rejected; trial court directed to complete trial within six months.
What the court decided
A compact analysis
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.
Patna High Court Cr.Misc. No.4416 of 2016 (3) dt.28-03-2016
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.4416 of 2016 Arising Out of PS.Case No. -100 Year- 2015 Thana -PARWALPUR District- NALANDA (BIHARSHARIFF) ====================================================== 1. Mukesh Kumar Son of Sidheshwar Singh, R/o Village - Bhagwanpur, P.S. - Fatuha, District - Patna. .... .... Petitioner Versus 1. The State of Bihar .... .... Opposite Party ====================================================== Appearance : For the Petitioner/s : Mr. Dr. Anjani Pd. Singh For the Opposite Party/s : Mr. Narendra Kr.Singh(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 3 28-03-2016 Heard learned counsel for the petitioner and learned counsel representing the State. The petitioner seeks bail in connection with Parwalpur P.S. Case No. 100 of 2015 registered for the offences punishable under Sections 363, 365 of the Indian Penal Code.
Allegedly, Brahmdev Prasad, the father of the informant, went with the petitioner and thereafter, he did not return and the petitioner after closing his clinic fled away.
Submission is of false implication and that there is no legal and tangible material against the petitioner, on the person of Brahmdev Prasad no apparent injury was found and it may be the case of last seen, the confessional statement of the petitioner has got no evidentiary value in the eye of law and as such the petitioner who is suffering in custody since 13.09.2015 deserves
Patna High Court Cr.Misc. No.4416 of 2016 (3) dt.28-03-2016
sympathetic consideration to which learned APP seriously opposes by submitting that the petitioner has taken away Brahmdev Prasad and the witnesses have seen him taking away which is evident from paragraphs 5 and 6 of the case diary and further witness Lallan Prasad has stated that the petitioner killed Brahmdev Prasad and threw the dead body in the ditch. The petitioner has also confessed his guilt vide paragraph 77 of the case diary.
Issues for consideration
2 issues framed by the court
Whether the petitioner should be granted bail in a case of abduction and drowning punishable under Sections 363, 365 of the Indian Penal Code.
Whether the trial in the present case should be expedited.
Parties & counsel
- petitioner
Mukesh Kumar
- respondent
The State of Bihar
Coram
Jitendra Mohan Sharma
Case details
As recorded by the court registry
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