The Patna High Court rejected the petitioner's bail application in a case involving explosives and murder charges, distinguishing the petitioner's role from a similar co-accused who had been granted 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.
Patna High Court Cr.Misc. No.62095 of 2017 (5) dt.07-02-2018
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.62095 of 2017
Arising Out of PS.Case No. -82 Year- 2017 Thana -DELHA District- GAYA
====================================================== Umesh Paswan S/o Dukhan Paswan, R/o Village- Delha Dularganj, P.S.Delha, District- Gaya. .... .... Petitioner Versus The State of Bihar .... .... Opposite Party ====================================================== Appearance : For the Petitioner : Mr. Vinod Kumar For the Opposite Party : Mr. Sri Umanath Mishra ====================================================== CORAM: HONOURABLE MR. JUSTICE MADHURESH PRASAD ORAL ORDER
Petitioner is an accused in a case registered for offence under sections 307, 302/ 34 IPC and ¾ of the Explosive Substances Act on the allegation that he exploded bomb causing death of informant’s son.
Counsel for the petitioner submits that the allegation is false and Similarly situated co-accused Kundan has already been granted bail vide order dated passed in Cr Misc No. 53031 of 2017. Petitioner is in custody since 27.4.2017.
Counsel for the State submits that the case of Kundan is of no help to the petitioner as there is no allegation that he hurled the bomb causing death of informant’s son.
Prayer for bail of the petitioner is rejected.
(Madhuresh Prasad, J)
Shashi.
U T
1 issue framed by the court
Whether the prayer for bail should be allowed given the alleged similarity of the co-accused's situation.
2 provisions across 2 enactments
Umesh Paswan
The State of Bihar
Madhuresh Prasad
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
