The High Court of Patna rejected the petitioner's bail application in a murder case, noting the confession as a key basis for prosecution and denying bail pending trial.
Bail application rejected; petitioner allowed to renew prayer for bail after six months.
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.17004 of 2018
Arising Out of PS.Case No. -70 Year- 2016 Thana -DEO District- AURANGABAD
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Chandan Kumar Son of Nagendra Prasad Resident of Village - Jangi Muhalla, Deo, P.S. - Deo, District : Aurangabad (Bihar).
.... .... Petitioner/s
Versus
The State of Bihar.
.... .... Opposite Party/s
====================================================== Appearance : For the Petitioner/s : Mr. Bachan Jee Ojha For the Opposite Party/s : Mr. Sri Chandrasen Prasad Singh ====================================================== CORAM: HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL ORDER
3 11-04-2018 Heard learned counsel for the petitioner, learned counsel for the informant and learned APP for the State.
This is the second round of litigation. Earlier the prayer for bail was rejected vide order dated 03.07.2017 passed in Cr. Misc. No. 24926 of 2017.
Petitioner is languishing in judicial custody since 28.12.2016 in connection with Deo P.S. Case No. 70 of 2016 for offences punishable under Sections 302/201/120B/34 of the Indian Penal Code.
The prosecution case, as lodged by the informant, is
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that his son left the shop but did not return. After information, the dead body of the informant’s son was found in a well head and feet tied.
It has been submitted by the learned counsel for the petitioner that he is innocent, there is no eye witness to the alleged occurrence and just because of his confessional statement before the police which has no evidentiary value in the eye of law, he has been made accused in the present case.
However, learned counsel for the informant as well as learned APP for the State vehemently oppose the prayer for bail stating therein that as per the confessional statement, the body of the informant’s son was found and clothes were also found in another well.
In this regard a report was called for from the court of the learned Additional District and Sessions Judge-2nd , Aurangabad who has stated that charges have been framed.
Considering the facts and circumstances and the materials on record, I am not inclined to grant privilege of bail to the petitioner at this stage in connection with Deo P.S. Case No.70 of 2016, pending in the court of learned Chief Judicial Magistrate, Aurangabad.
The application is, accordingly, rejected. However, the
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petitioner may renew his prayer for bail after six months, if trial is not concluded by that time.
(Nilu Agrawal, J)
Devendra/-
U T
2 issues framed by the court
Whether bail should be granted to the petitioner charged with murder and related offences.
Reliability of the confessional statement in the eyes of law for granting bail.
1 provisions across 1 enactments
CHANDAN KUMAR SON OF NAGENDRA PRASAD
THE STATE OF BIHAR
NILU AGRAWAL
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
