This is an oral order rejecting the petitioner's bail application in a murder case (PS.Case No. 175 of 2003). The High Court refused bail as the petitioner was recently arrested after remaining an absconder, citing serious allegations of murder and threats.
Bail application rejected. Petitioner to renew prayer post-charge framing.
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.55054 of 2015 (3) dt.22-01-2016
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.55054 of 2015 Arising Out of PS.Case No. -175 Year- 2003 Thana -MEERGANJ District- GOPALGANJ ====================================================== 1. Sanjay Singh @ Sanjay Bhagat S/o Late Hira Lal Bhagat R/o village - Chainpur, P.S. Hathua, District - Gopalganj .... .... Petitioner/s Versus 1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Amit Kumar Rakesh For the Opposite Party/s : Mr. Jitendra Kumar Singh 1 (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 3 22-01-2016 Heard learned counsel for the petitioner and learned counsel representing the State. Petitioner seeks bail in connection with Mirganj P.S. Case No. 175 of 2003 registered for the offences punishable under Sections 302/34 of the Indian Penal Code and Section 27 of the Arms Act.
This is a case of the year 2003 which was registered against unknown and after completing the investigation chargesheet was submitted in the year 2006 against the petitioner and others showing them absconder and further in the court also the petitioner remained absconding and he was arrested on 07.08.2015.
Submission is that the petitioner was not aware regarding
Patna High Court Cr.Misc. No.55054 of 2015 (3) dt.22-01-2016
the case and due to village politics he has been implicated and he has suffered and now he deserves sympathetic consideration to which the learned APP opposes by submitting that during investigation father of the deceased vide paragraph 14 of the case diary has stated that the deceased saw the petitioner having illicit relationship with Guddi Kumari, resulting, the petitioner caused threats and committed the murder, further the wife of the deceased has also stated the name of the petitioner vide paragraph 16 of the case diary.
In the facts and circumstances stated above, at this stage, this Court is not inclined to enlarge the petitioner on bail, accordingly, his such prayer stands rejected.
However, after framing of charge the petitioner may renew his prayer for bail.
(Jitendra Mohan Sharma, J)
avin/-
U T
2 issues framed by the court
Whether the petitioner should be released on bail in a murder case involving charges of cheating and abetment.
Whether sympathy due to village politics implicating the petitioner justifies granting bail without fear of flight.
3 provisions across 3 enactments
Sanjay Singh @ Sanjay Bhagat
The State of Bihar
Jitendra Mohan Sharma
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
