This is an oral order rejecting an anticipatory bail application in a case involving murder and unlawful assembly. The High Court held that the serious nature of the allegations and supporting medical evidence precluded the grant of bail.
Prayer for bail was 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.5926 of 2016
Arising Out of PS.Case No. -43 Year- 2015 Thana -SALKHUA District- SAHARSA ====================================================== Suresh Paswan, Son of Late Kiro Paswan, Resident of Village - Mohanpur, P.S. - Salkhua (Banma Ithari O.P.), District - Saharsa. .... .... Petitioner Versus The State of Bihar .... .... Opposite Party ====================================================== Appearance : For the Petitioner : Mr. Pramod Mishra, Advocate. For the Opposite Party : Mr. Nagendra Prasad (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER
3 07-04-2016 Heard learned counsel for the petitioner and learned APP for the State.
The petitioner seeks bail in connection with Sessions Trial No. 276 of 2015, arising out of Salkhua P.S. Case No. 43 of 2015 registered for the offences punishable under Sections 147, 148, 149, 341, 323, 324, 325, 326, 307, 302, 504 and 506 of the Indian Penal Code.
Allegedly the petitioner after proclaiming to kill the wife of the informant pierced Kachiya in her mouth and coaccused Baua Paswan assaulted with spade on her head resulting she became unconscious and fell down and later on when she was being brought to Saharsa she died in the way.
Submission is of false implication and that the doctor
Patna High Court Cr.Misc. No.5926 of 2016 (3) dt.07-04-2016
2/2
who conducted post-mortem has found injury caused by hard and blunt substance, some of co-accused have been allowed bail and the petitioner is suffering in custody since 17.10.2015 to which the learned APP seriously opposes by submitting that in inquest report mouth injury was found and witnesses vide para 8, 9 and 10 have also supported the allegation. Prayer of bail of Baua Paswan has already been rejected by another coordinate Bench of this Court.
In the facts and circumstances stated above, considering the allegation attributed against the petitioner is serious in nature, I am not inclined to enlarge the petitioner on bail in connection with Sessions Trial No. 276 of 2015, arising out of Salkhua P.S. Case No. 43 of 2015, pending in the court of the learned Additional Sessions Judge-04th , Saharsa. Accordingly, such prayer for bail stands rejected.
(Jitendra Mohan Sharma, J.)
KKSINHA/-
U T
2 issues framed by the court
Whether the petitioner is entitled to bail given the serious nature of the charges involving murder and grievous hurt.
Whether the allegations of false implication in the post-mortem report warrant the release of the petitioner on bail.
1 provisions across 1 enactments
Suresh Paswan
The State of Bihar
Jitendra Mohan Sharma
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
