In a bail application arising from charges of murder and attempt to murder, the Patna High Court rejected the petitioner's prayer, refusing to reconsider its earlier order which had denied bail on merit due to the serious injury to the informant and the death of his nephew.
Prayer for grant of bail is 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.585 of 2019
Arising Out of PS. Case No.-19 Year-2016 Thana- CHANDI District- Bhojpur
======================================================
Bijendra Singh @ Vijendra Singh, Son of Late Sobhan Singh, Resident of Village-Salempur, P.S. Chandi, Dist.-Bhojpur.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
====================================================== Appearance :
For the Petitioner/s : Mr. Prabhat Kumar Singh, Advocate. For the Opposite Party/s : Mr. Rajendra Nath Jha, A.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA
ORAL ORDER
2 16-01-2019
Heard learned counsel for the petitioner and the learned A.P.P. for the State.
The petitioner seeks bail in connection with Sessions Trial No.453 of 2016, arising out of Chandi P.S. Case No.19 of 2016, registered under Sections 147, 342, 323, 307 and 302 of the Indian Penal Code besides Section 27 of the Arms Act, pending in the court of the 6th Additional Sessions Judge, Bhojpur at Ara.
Learned counsel appearing on behalf of the petitioner submits that, earlier, the prayer of the petitioner for grant of bail was rejected by this Court vide order dated 23.03.2017 passed in Criminal Misc. No.13366 of 2017 on merit and the petitioner is in custody since19.05.2016, i.e., for more than 2½ years.
Patna High Court Cr.Misc. No.585 of 2019(2) dt.16-01-2019 2/2
Considering that earlier the prayer of the petitioner for grant of bail was rejected by this Court vide order dated 23.03.2017 passed in Criminal Misc. No.13366 of 2017, taking into consideration the allegation against the petitioner that he made firing due to which the informant became seriously injured and Manoj Kumar, the nephew of the informant, died on the spot. As such, I find no reason to reconsider the prayer of the petitioner for grant of bail. Accordingly, the prayer of the petitioner for grant of bail is again rejected.
(Rajendra Kumar Mishra, J)
P.S./-
U T
2 issues framed by the court
Whether to reconsider and grant bail to the petitioner charged with murder and attempt to murder, having previously been rejected on merit.
Whether the petitioner's custody of over 2½ years is a sufficient ground for reconsidering the bail prayer.
Bijendra Singh @ Vijendra Singh
The State of Bihar
Rajendra Kumar Mishra
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
