In a bail application under Sections 302/34 IPC and Section 27 of the Arms Act for an elderly petitioner, the court dismissed the plea, holding that the case diary would not be summoned as the FIR did not warrant bail in the circumstances.
Bail prayer dismissed; petition 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.49191 of 2018
Arising Out of PS. Case No.-85 Year-2017 Thana- SRINAGAR District- West Champaran
======================================================
Ramdeo Rao S/o Late Maina Rao R/o Village - Jagdishpur Paterwa, P.S. - Srinagar Pujaha, District - West Champaran.
... ... Petitioner
Versus The State of Bihar. ... ... Opposite Party ====================================================== Appearance : For the Petitioner/s : Mr. Bimlesh Kumar Pandey For the Opposite Party/s : Mr. None. Mr. Sanjeev Kumar, Adv. ======================================================
CORAM: HONOURABLE MR. JUSTICE RAKESH KUMAR ORAL ORDER
2 20-08-2018
Heard Sri Bimlesh Kumar Pandey, learned counsel for the petitioner. None appeared on behalf of the State, whereas Sri Sanjeev Kumar, learned counsel for the informant is present.
The sole petitioner, who is in custody since 22.05.2018 in Srinagar( Pujaha) P.S. Case No.85 of 2017 registered for the offence under Sections 302/34 of the Indian Penal Code and Section 27 of the Arms Act, has prayed for grant of bail.
It was submitted by Sri Bimlesh Kumar Pandey, learned counsel for the petitioner that the informant of the present case was not an eye witness and, as such, this Court may summon the case diary.He further submits that the petitioner is an old person, aged about 75 years and the main accused , who
Patna High Court Cr.Misc. No.49191 of 2018(2) dt.20-08-2018 2/2
was none else, but son of the petitioner, is already on statutory bail under Section 167 of the Code of Criminal Procedure.
Besides hearing, I have also perused the F.I.R. and on going through the F.I.R. itself, I am of the opinion that it is not a fit case for grant of bail.
The petition stands dismissed.
(Rakesh Kumar, J.)
nawalkrs/-
U T
3 issues framed by the court
Whether bail should be granted to an elderly petitioner charged with offences under Sections 302/34 IPC and Section 27 of the Arms Act.
Whether the condition of the main accused being on statutory bail necessitates a change in the bail status of the sole petitioner.
Whether the non-eye-witness status of the informant warrants summoning of the case diary or affects bail eligibility.
3 provisions across 3 enactments
Ramdeo Rao S/o Late Maina Rao
The State of Bihar
Rakesh Kumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
