Dismissed

Akhilesh Rajbanshi v. The State of Bihar

Patna HC2 May 2019CR. MISC./10006/2019

Case brief

AI extract

What is this about?

The High Court of Patna refused the petitioner's bail prayer in a case involving offences punishable under sections 341, 323, 324, 325, 326, 307, 337, 338, 34, and 302 of the Indian Penal Code, holding meticulous appreciation of evidence impermissible at the bail stage.

What did the court decide?

Prayer for bail is refused. Trial is directed to be concluded within nine months.

Akhilesh Rajbanshi Vs The State of Bihar — Anticipatory Bail | Patna HC (2019)

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No. 10006 of 2019

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Arising Out of PS. Case No.-84 Year-2018 Thana- OBRA District- Aurangabad

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======================================================

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Akhilesh Rajbanshi, S/o Ramadhar Rajbanshi, resident of Vill - Chechathi, P.S - Obra, Distt. - Aurangabad.

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... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Leelawati Kumari For the Opposite Party/s : Mr. Rabindra Kumar ======================================================

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CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER

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3 02-05-2019

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Heard learned counsel for the petitioner and learned

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APP for the State.

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Petitioner seeks bail in a case registered for the offences punishable under Sections 341, 323, 324, 325, 326, 307, 337, 338/34 and 302 of the Indian Penal Code.

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Petitioner allegedly caused injury with farsa at the head of Satyendra Rajvanshi as a result whereof Satyendra Rajvanshi died. There is allegation of commission of assault by others also including assault to the father of the deceased.

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The postmortem report would reveal that the Doctor found cerebral damage caused by blunt force impact, though the Doctor had found stitched wound present over vertex of scalp.

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Submission is that the mother of the deceased is informant of this case and according to her, the occurrence took place at her house whereas fardbeyan of the husband of the

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Patna High Court CR. MISC. No.10006 of 2019(3) dt.02-05-2019 2/2

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informant was recorded at the hospital who stated that occurrence took place while he was returning along with his son.

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Petitioner is in custody since 05.10.2018.

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Considering the entire facts of this case, at this stage, meticulous appreciation of evidence is not permissible, hence, I am not inclined to enlarge the petitioner on bail in connection with S. Tr. No. 397 of 2018/409 of 2018 arising out of Obra Police Station Case No. 84 of 2018 pending in the court of learned 3^rd Additional Sessions Judge, Aurangabad.

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Hence, prayer for bail is refused.

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Learned trial court is directed to expedite the trial

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within a period of nine months provided the accused persons are fully cooperative in early conclusion of the trial.

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(Birendra Kumar, J)

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Kundan/-

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U T

Akhilesh Rajbanshi v. The State of Bihar

Case brief

What is this about?

What did the court decide?

Akhilesh Rajbanshi v. The State of Bihar

Case brief

What is this about?

What did the court decide?

What the court decided

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