Court dismissed revision challenging bail cancellation. Held that when minor offences escalate to murder (Section 302 IPC) due to victim's death, Magistrate rightly cancels bail as accused becomes disentitled to liberty for minor offence.
Petitioner's bail cancellation order under Section 302 IPC remained unchallenged.
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 Revision No.891 of 2017
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Anil Kumar Sah @ Anil Sah, Son of Jai Prakash Sah, R/o village- Laxmi Kitta, District- Banka.
.... .... Petitioner/s
Versus The State of Bihar .... .... Respondent/s =========================================================== Appearance : For the Petitioner/s : Mr. Md. Najmul Hodda, Advocate. For the Respondent/s :
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CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR ORAL JUDGMENT
Date: 12-10-2017
Heard learned counsel for the petitioner and learned
counsel for the State.
Patna High Court CR. REV. No.891 of 2017 dt.12-10-2017
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decision of this Court in the case of Sita Ram Singh & Anr. vs. State of Bihar reported in 2002(2) BLJR 859.
Patna High Court CR. REV. No.891 of 2017 dt.12-10-2017
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death or imprisonment for life.
(Arun Kumar, J)
Sujit/-
| AFR/NAFR | NAFR |
|---|---|
| CAV DATE | NA |
| UploadingDate | 28.10.2017 |
| Transmission Date |
28.10.2017 |
3 issues framed by the court
Whether bail granted for minor offences can be cancelled when the case nature changes to murder adding Section 302 IPC.
Whether a Magistrate has the power to cancel bail when the offence increases from non-cognizable to one triable exclusively by Sessions Court.
If the victim's death elevates the offence, does the accused remain entitled to the earlier liberty granted.
Colour shows how this judgement treated each authority
Sita Ram Singh & Anr. vs. State of BiharDistinguished¶13
2002(2) BLJR 859
Hamida vs RashidRelied on¶18
2007 Cr. L.J.342(SC)
Prahlad Singh Bhati vs NCT DelhiRelied on¶18
2001(4) SCC 280 · Who else cites this
3 provisions across 3 enactments
Anil Kumar Sah
State of Bihar
Arun Kumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
