Oral order disinclining the High Court to grant bail to the petitioner in an IPC 302/34 murder case involving a fatal head injury at this stage, allowing trial to expedite.
Prayer for bail granted the petitioner was rejected.
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.253 of 2019
Arising Out of PS. Case No.-248 Year-2018 Thana- BAIKUNTHPUR District- Gopalganj
======================================================
Jagdish Mahto, son of Jagarnath Mahato, resident of village Barbari, P.S. Baikunthpur, Distt. Gopalganj.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Mukesh Kumar Singh, Advocate. For the Opposite Party/s : Mr. Narsingh Tanti, A.P.P. ======================================================
CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER
3 06-02-2019
Heard learned counsel for the petitioner and the
State.
The petitioner seeks bail in Baikunthpur P.S. Case
No. 248 of 2018, instituted for the offence under Section(s) 302/34 of the Indian Penal Code.
It is alleged in the written report that father of informant was sitting at his Bathan. The petitioner along with two other named accused persons assaulted him with knife on his head causing injury to him. The informant went there after getting information. The father of the informant told him that petitioner has given knife blow on his head and his two sons have assaulted him with lathi, danda, fat etc. The informant wanted to take his father for treatment, but he died on the spot.
Case diary has been received.
Patna High Court Cr.Misc. No.253 of 2019(3) dt.06-02-2019 2/2
Post mortem report is available in the case diary wherein the Doctor has found stitch wound over the person of the deceased. On dissection, skull bone fractured was found. The Doctor has opined the cause of death due to haemorrhage and shock caused by hard and blunt object.
From the written report, this Court finds that there is specific allegation against the petitioner of causing injury on his head of the deceased.
Therefore, this Court is not inclined to grant bail to the petitioner at this stage.
Prayer of the petitioner for grant of bail stands rejected.
The trial court is directed to expedite the trial.
(Sanjay Priya, J)
S.Ali/-
U T
1 issue framed by the court
Whether bail should be granted to the petitioner in a case involving assault causing death.
1 provisions across 1 enactments
Jagdish Mahto
Sanjay Priya
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
