In an appeal against refusal of regular bail in a murder case, the Hon'ble Single Judge after considering the case diary and post-mortem report found that the petitioner's blow caused the fatal injury and thus refused to grant bail, dismissing the petition.
Petition for regular bail refused and dismissed.
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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No. 1650 of 2019
Arising Out of PS. Case No.-75 Year-2007 Thana- WARISLIGANJ District- Nawada
======================================================
Banaras Manjhi, S/o Late Damodar Manjhi, Resident of Mosama P.O. Mosama, P.S. Warisaliganj, District- Nawada.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
====================================================== Appearance : For the Petitioner/s : Mr. Pramod Kumar Verma, Advocate For the Opposite Party/s : Mr. Dinesh Singh, APP ======================================================
CORAM: HONOURABLE JUSTICE SMT. ANJANA MISHRA ORAL ORDER
4 06-03-2019
Heard learned counsel for the petitioner and learned counsel for the State.
The petitioner is in custody since 26.09.2018 in connection with Warisaliganj P.S. Case No. 75 of 2007 for the offence registered under Section 302/34 of the Indian Penal Code.
Learned counsel for the petitioner submits that though it is alleged that the petitioner had struck the deceased with lathi on his head and another co-accused also attacked the deceased on the head near the temporal region and out of such injury the deceased died.
Case diary in the present case was called for, which has since been received.
After perusal of the case diary and on consideration of
Patna High Court CR. MISC. No. 1650 of 2019(4) dt.06-03-2019 2/2
the post-mortem report which was part of the case diary, it appears that it was the petitioner's blow on the temporal region which cause fracture resulting in death.
Considering the aforementioned facts and circumstances of this case, I am not inclined to grant regular bail to the petitioner. It is accordingly, dismissed.
(Anjana Mishra, J)
khushbu/-
U T
1 issue framed by the court
Whether the petitioner is entitled to be granted regular bail in a murder case where the court found his blow caused the death.
Banaras Manjhi
The State of Bihar
Anjana Mishra
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
