In a bail petition under Sections 302/34 IPC and Section 27 Arms Act, the Patna High Court refused relief due to the grievous nature of the allegations involving plotting killing.
Prayer for 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.60328 of 2019
Arising Out of PS. Case No.-177 Year-2018 Thana- ROSHANGANJ District- Gaya
======================================================
Vinay Prasad @ Vinay Kumar Son of Suresh Prasad R/o Village- Kubari, P.S.- Raushanganj, District- Gaya ... ... Petitioner
Versus The State of Bihar Bihar ... ... Opposite Party ====================================================== Appearance : For the Petitioner/s : Mr.Ashok Kumar Jha For the Opposite Party/s : Mr.Arun Kumar Singh ======================================================
CORAM: HONOURABLE MR. JUSTICE MADHURESH PRASAD ORAL ORDER
3 18-12-2019
Heard learned Counsel for the petitioners and the learned APP for the State.
The petitioner seeks bail in Raushanganj PS Case No. 177 of 2018 registered under Sections 302/34 of the IPC and Section 27 of the Arms Act.
It is submitted that there is no material whatsoever to connect the petitioner with the killing. The FIR discloses that two unknown persons fired at the deceased at his Grocery shop. The petitioner at the time of occurrence, i.e. November 2018, was already in custody since July 2018.
Learned APP has opposed the prayer for bail. It has been submitted that there is specific allegation that in fact the petitioner had threatened killing to the deceased as he was objecting to illegal trade of liquor being carried on by the petitioner.
Upon hearing the parties and having regard to the grievous nature of allegation, as regards plotting killing from behind the bar, this Court for the present is not inclined to grant the benefit of bail to
Patna High Court CR. MISC. No.60328 of 2019(3) dt.18-12-2019 2/2
the petitioner.
The prayer is rejected.
(Madhuresh Prasad, J)
SNkumar/-
U T
1 issue framed by the court
Whether bail should be granted to the petitioner charged with murder and illegal possession of arms.
3 provisions across 2 enactments
Vinay Prasad @ Vinay Kumar
The State of Bihar
Madhuresh Prasad
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
