The Patna High Court rejected the bail application of petitioner Pappu Kumar Prasad in a case involving assault resulting in death. Considering the petitioner as the assailant despite claims of false implication and surrender, bail was denied pending case proceedings.
Petitioner's prayer for bail in Ekma P.S. case 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.56282 of 2015
Arising Out of PS.Case No. -113 Year- 2015 Thana -EKMA District- SARAN ====================================================== Pappu Kumar Prasad @ Papu Kumar Prasad Son of Late Ganga Sagar Prasad Resident of Village- Gajiapur, P.S.- Ekma, District- Saran at Chapra (Bihar). .... .... Petitioner Versus The State of Bihar .... .... Opposite Party ====================================================== Appearance : For the Petitioner/s : Mr. Rakesh Kumar, Advocate For the Opposite Party/s : Mr. Shyam Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER
3 11-02-2016 Heard learned counsel for the petitioner and learned A.P.P. representing the State. The petitioner seeks bail in connection with Ekma P.S. Case No. 113 of 2015 registered for the offences punishable under Sections 341, 323, 307, 34 of the Indian Penal Code later on the case was converted under Section 302 of the Indian Panel Code. Allegedly, the informant after hearing the cry went near the pond and saw the petitioner and two co-accused assaulting Devendra Kumar Prasad, the brother of the informant and in the
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meantime, the petitioner gave repeatedly knife blow, causing injury to him and thereafter during treatment Devendra Kumar Prasad died.
Submission is of false implication and that the informant appears not as eye-witness but his statement has also been recorded after the death of Devendra Kumar Prasad in Patna Medical College and Hospital and in these two statements, there are contradictions. In the post-mortem report the Doctor has found that wound was caused by sharp cutting heavy weapon, the petitioner has voluntarily surrendered on 08.07.2015 and since then he is in custody.
The learned A.P.P. duly assisted by the learned counsel for the informant opposes the prayer of bail by submitting that the informant in his further statement as also in his further fardbeyan has stated that the petitioner assaulted with knife repeatedly causing injury to the deceased and post-mortem report also corroborates the same.
In the facts and circumstances stated above, considering that the petitioner is the assailant, this Court is not inclined to enlarge the petitioner on bail and accordingly, his such prayer stands rejected in connection with Ekma P.S. Case No. 113 of 2015 pending in the Court of learned Chief Judicial
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Magistrate, Saran at Chapra.
(Jitendra Mohan Sharma, J.)
ajaypd./-
U T
2 issues framed by the court
Whether the petitioner is entitled to bail in connection with charges of assault causing death.
Whether the false implication defence and voluntary surrender warrant granting bail.
Pappu Kumar Prasad @ Papu Kumar Prasad
The State of Bihar
Jitendra Mohan Sharma
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
