Petitioner arrested in a murder case prayed for bail alleging false implication due to a land dispute. The High Court rejected the plea, declining to extend bail privilege at that stage given the nature of the accusation.
Bail petition dismissed.
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.56968 of 2015
Arising Out of PS.Case No. -180 Year- 2014 Thana -LAUKHA District- MADHUBANI ====================================================== Md. Naseem @ Chhedi son of Md. Gafur @ Gafur, Resident of villageLadania, P.S.- Laukaha, District- Madhubani .... .... Petitioner/s Versus The State of Bihar .... .... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Ratanakar Jha For the Opposite Party/s : Mr. Ajay Kumar 2 (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE RAKESH KUMAR ORAL ORDER 3 19-01-2016 Heard Sri Ratnakar Jha, learned counsel for the petitioner and Sri Ajay Kumar No. 2, learned A.P.P.
The petitioner who is in custody in connection with Laukaha ( Lalmania) P.S. Case No. 180 of 2014 registered for the offence punishable under Section 302/ 120B of the Indian Penal Code has prayed for grant of bail.
Learned counsel for the petitioner submits that there is no eye witness in the case and petitioner was falsely implicated due to the reason that there was land dispute in between the parties. He further submits that petitioner is the nephew of the informant and due to land dispute petitioner was implicated whereas, the learned A.P.P. submits that the informant himself has alleged that petitioner gave khanti blow on the head of the
Patna High Court Cr.Misc. No.56968 of 2015 (3) dt.19-01-2016
2/2
wife of the informant who subsequently succumbed to the injuries.
In view of the nature of accusation, at the moment, I am not inclined to extend the privilege of bail to the petitioner. The petition stands dismissed.
(Rakesh Kumar, J)
Praful/-
U T
2 issues framed by the court
Whether bail should be granted to the petitioner charged with murder and abetment of murder.
Whether the alleged land dispute and lack of eyewitness justify the grant of bail in a murder case.
1 provisions across 1 enactments
Md. Naseem @ Chhedi
The State of Bihar
Rakesh Kumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
