Patna High Court rejected a bail petition filed by two accused in a murder case, declining to reconsider a prior order that had already denied bail.
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.12339 of 2018
Arising Out of PS. Case No.-415 Year-2015 Thana- BAHERA District- Darbhanga
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. For the Opposite Party/s : Mr. ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER
2 21-03-2018
Heard learned counsel for the petitioners and the learned A.P.P. for the State.
The petitioners seek bail in connection with Bahera Police Station Case No.415 of 2015 registered under Sections 323, 324 and 302/120B of the Indian Penal Code, pending in the court of the Additional Sessions Judge-II, Darbhanga.
Learned counsel for the petitioners submits that, earlier, the prayer of the petitioners for grant of bail was rejected by this Court vide order dated 04.05.2017 passed in Criminal Misc. No.15158 of 2017, taking into consideration the direct allegation against the petitioners to cause sharp cutting injury to the deceased. It has further been submitted that, in fact, seven
Patna High Court Cr.Misc. No.12339 of 2018(2) dt.21-03-2018 2/2
injuries were found on the person of the deceased and out of the seven injuries, three injuries were caused by sharp cutting weapon, which are simple in nature, and rest injuries were caused by hard and blunt substance, which are said to be the cause of the death of the deceased and are attributed to the coaccused Santosh Yadav and Amit Yadav.
Admittedly, the prayer of the petitioners for grant of bail has already been rejected by this Court vide order dated 04.05.2017 passed in Criminal Misc. No.15158 of 2017. I find no reason to reconsider the prayer of the petitioners for grant of bail at present. Accordingly, the prayer of the petitioners for grant of bail stands rejected.
(Rajendra Kumar Mishra, J)
P.S./-
U T
1 issue framed by the court
Whether the petitioners are eligible for bail despite prior rejection of the same prayer in a related matter.
1 provisions across 1 enactments
Pramod Yadav
Lal Yadav
State of Bihar
Rajendra Kumar Mishra
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
