The Patna High Court denied regular bail to the petitioner, a co-accused in a Section 306 IPC case arising from a hanging death. The court rejected the prayer relying on post-mortem findings.
Prayer for regular bail rejected. Trial to be concluded within one year.
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.70539 of 2018
Arising Out of PS. Case No.-206 Year-2017 Thana- CHARPOKHARI District- Bhojpur
======================================================
Arun Singh Yadav, S/o Late Lalan Yadav, Resident of Village- Siyadih, P.S. Charpokhari, Distt.- Bhojpur
... ... Petitioner/s
Versus
The State Of Bihar
... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Rajani Ranjan Pd. Singh, Advocate For the Opposite Party/s : Mr. Mritunjay Kumar Nirala, APP ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA MISHRA ORAL ORDER
3 13-02-2019
Heard learned counsel for the petitioner and the
learned counsel appearing on behalf of the State.
The prayer for bail was earlier rejected on 27.02.2018 after due consideration on merits.
The learned counsel for the petitioner has sought to renew his prayer for bail on the ground that after submission of charge-sheet, the case is found to be under Section 306 and not under Section 302 of the IPC. He further submits that the postmortem report indicates the death by hanging and that no external injury has been reported. However, in order to ascertain the case, diary had been called for once again and it appears after perusal of the same that the inquest report conducted on the person of the deceased and the post-mortem report also
Patna High Court Cr.Misc. No.70539 of 2018(3) dt.13-02-2019 2/2
indicates the death by hanging.
Under the aforementioned facts and circumstances, I
am not inclined to grant regular bail to the petitioner. It is, accordingly, rejected.
However, the trial of the case may be expedited so as
to conclude positively within one year from today.
(Anjana Mishra, J)
PNM/Rakesh
U T
2 issues framed by the court
Whether regular bail should be granted to the petitioner in a case under Section 306 IPC.
Whether the nature of the accusation (Section 306 vs. Section 302 IPC) warrants granting bail.
Arun Singh Yadav
The State Of Bihar
Anjana Mishra
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
