The High Court of Patna dismissed a bail application filed by a petitioner implicated in murder, kidnapping, and other offences. After hearing both sides, the court rejected the plea for bail as the charge sheet had already been submitted following a police confession.
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.6919 of 2016
Arising Out of PS.Case No. -833 Year- 2015 Thana -TURKAULIYA DistrictEASTCHAMPARAN(MOTIHARI)
====================================================== Deepak Mishra, son of Late Jayendranath Mishra, resident of village Raghunathpur, P.S. Turkaulia, District East Champaran .... .... Petitioner/s Versus The State of Bihar .... .... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Ajay Kumar Thakur For the Opposite Party/s : Mr. Madan Kumar (App) Mr. Bashisth Narain Mishra
====================================================== CORAM: HONOURABLE MR. JUSTICE RAKESH KUMAR ORAL ORDER
3 11-04-2016 Heard Sri Ajay Kumar Thakur, learned counsel for the petitioner, Sri Madan Kumar, learned A.P.P. as well as Sri Bashisth Narain Mishra, learned counsel, who was assisted by Sri Brij Kishore Mishra, learned counsel for the informant.
The petitioner, who is in custody in connection with Turkaulia P.S. Case No. 833 of 2015 registered for the offence punishable under section 365 of the Indian Penal Code, which was subsequently amended as 364(A), 302, 201, 120-B of the Indian Penal Code, has prayed for grant of bail.
It was submitted by learned counsel for the petitioner that there is no accusation against the petitioner. He further submits that the son of the petitioner had made confession before the police and thereafter the petitioner and others were implicated
Patna High Court Cr.Misc. No.6919 of 2016 (3) dt.11-04-2016
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whereas learned counsel appearing on behalf of the informant opposing the prayer of bail submits that after murder the accused persons including the petitioner tried to misguide the Police and it was purported as if it was a case of kidnapping. However, subsequently after the confession of the son of the petitioner dead body was recovered from septic tank.
Learned counsel for the petitioner accepts that after investigation charge sheet has already been submitted.
In view of the facts and circumstances, particularly the fact that after investigation charge sheet has already been submitted, I do not find any ground to grant bail to the petitioner.
The petition stands dismissed.
(Rakesh Kumar, J)
Praful/-
U T
3 issues framed by the court
Whether bail should be granted to the petitioner who is in custody implicatively of murder charges.
Whether the submission that the petitioner is falsely implicated warrants granting bail.
Whether the filing of a charge sheet precludes the grant of bail.
2 provisions across 1 enactments
Deepak Mishra
The State of Bihar
Rakesh Kumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
