Criminal Miscellaneous petition seeking bail for two petitioners in custody. The court held that serious injuries to the victim by five attackers precluded bail for the petitioners at this stage.
Application for regular bail dismissed.
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.45872 of 2018
======================================================
Both are resident of Village- Purahara Samhar Tola, P.S.- Chauri, District- Bhojpur
.... .... Petitioner/s
Versus
The State of Bihar
.... .... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Manoj Kumar, Advocate For the Opposite Party/s : Mr. Parmanand Kumar, APP
====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA MISHRA ORAL ORDER
2 23-08-2018 Heard learned counsel for the petitioners and the learned counsel appearing on behalf of the State.
The petitioners are in custody since 15.05.2018 in connection with Chauri P.S. Case No.37 of 2018 registered for the offences under Sections 341, 302 and 120B of the Indian Penal Code, which is pending in the court of the learned J.M.1st , Bhojpur, Ara.
Learned counsel for the petitioners submits that there is case and counter case between the parties and the injuries sustained on both sides. It is further submitted that in view of the injuries received by the petitioners’ side, the petitioners may be released on bail.
Learned counsel for the State, however, submits
Patna High Court Cr.Misc. No.45872 of 2018 (2) dt.23-08-2018
2/2
that five persons had attacked the deceased, the husband of the informant of the present case, which cumulatively led to his death and, therefore, the petitioners are not entitled to the privilege of bail.
Considering the entire facts and circumstances and considering that the deceased was continuously attacked by five persons altogether, I am not inclined to grant regular bail to the petitioners at this stage. It is, accordingly, dismissed.
(Anjana Mishra, J)
PNM
U T
2 issues framed by the court
Whether the petitioners are entitled to be released on bail in a case involving offences under Sections 341, 302, and 120B of the IPC.
Whether the petitioner's side sustaining injuries entitles them to bail when the deceased was attacked by five persons causing his death.
Birendra Yadav
Jitendra Singh
The State of Bihar
Anjana Mishra
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
