In an oral order, the Patna High Court dismissed an application for regular bail. The petitioner argued lack of specific assault allegations against him. The court declined the prayer but allowed renewal after charge framing.
Application for regular bail dismissed; detention continued; petitioner directed to renew prayer for bail after framing of charge.
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.33927 of 2017 (4) dt.09-08-2017
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.33927 of 2017
Arising Out of PS.Case No. -344 Year- 2016 Thana -MARHAURA District- SARAN
======================================================
.... .... Petitioner/s
Versus 1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Udai Shankar Singh For the Opposite Party/s : Mr. Sri Surendra Prasad Singh
====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER
4 09-08-2017 Heard the parties.
This application is for grant of regular bail in connection with Marhaurah P.S.Case No.344 of 2016, registered for the offences punishable under Sections 447, 341, 323, 337, 325, 307, 302, 504 and 34 of the Indian Penal Code.
Allegation against the petitioner and other accused persons is of assaulting by ‘ lathi’ and ‘ rod’ to the father of the informant causing injury to him and thereafter his death and also assaulting the informant by ‘ lathi’ and ‘ rod’ .
Submission of the learned counsel for the petitioner is that there is no specific allegation of assault against the petitioner and though it is alleged that three persons have assaulted to the father of the informant but only two injuries were found on the
Patna High Court Cr.Misc. No.33927 of 2017 (4) dt.09-08-2017
person of is in custody for more than four months.
Heard learned A.P.P. also.
Having heard both sides and in view of the facts and
circumstances, as stated above, I am not inclined to grant bail to the petitioner, however, the petitioner may renew his prayer for bail before the court concerned after framing of charge in this case.
With the aforesaid observation, this application is
dismissed.
(Vinod Kumar Sinha, J)
chn/-
U
2 issues framed by the court
Whether regular bail should be granted to the petitioner in the pending criminal case arising out of P.S. Case No. 344 of 2016?
Whether the petitioner can renew the bail prayer after framing of charges?
2 provisions across 1 enactments
Shivji Rai Son of Late Ram Pravesh Rai
The State of Bihar
Vinod Kumar Sinha
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
