In a criminal miscellaneous matter, the Patna High Court rejected the petitioner's bail application in a murder and grievous hurt case, citing the serious allegations and corroborative postmortem report.
Bail application rejected; petitioner not released on bail.
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.9180 of 2019
Arising Out of PS. Case No.-25 Year-2018 Thana- SURSAND District- Sitamarhi
======================================================
Raushan Kumar Son of- Late Sunil Mishra Resident of village-Babu Narha, P.S.- Bajpatti, District- Sitamarhi.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
====================================================== Appearance : For the Petitioner/s : Mr.Malay Kumar Choudhary For the Opposite Party/s : Mr.Nawal Kishore Prasad ======================================================
CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER
6 09-05-2019
Heard learned counsel for the petitioner and learned
APP for the State.
The petitioner seeks bail in Sursand P.S. case No.25 of 2018 registered under Sections 324, 307, 302/34 of the Indian Penal Code, pending in the court of Sub Divisional Judicial Magistrate, Pupri (Sitamarhi).
Allegation is that the accused persons including the petitioner besides 2-3 others assaulted the informant’s brother with knife. The petitioner and co-accused Aditya Kumar were hurling knife blows repeatedly on his brother. He was taken to the Hospital for treatment, where the doctor has declared his brother dead.
It has been submitted on behalf of the petitioner that the petitioner is in custody since 05.10.2018 and has got no
Patna High Court CR. MISC. No.9180 of 2019(6) dt.09-05-2019 2/2
criminal antecedent. Charge sheet has been submitted in this case. There is no allegation of tampering of witnesses alleged against the petitioner. The petitioner has falsely been implicated in the present case. The case has been committed to the court of Sessions. There is no other substantive evidence to suggest the implication of the petitioner in the present case.
On behalf of the State, it is submitted that the petitioner is named in the F.I.R. The petitioner is alleged to be one of the assailants. The postmortem report corroborates the allegations made in the F.I.R.
Considering the aforesaid facts and circumstances, I am not inclined to grant bail to the petitioner. The same is rejected. The court below is directed to expedite the case.
(Sudhir Singh, J)
Narendra/-
U T
2 issues framed by the court
Whether bail should be granted to the petitioner in a murder case involving grievous hurt and conspiracy?
Whether the prosecution allegations and postmortem report justify rejecting the bail application?
1 provisions across 1 enactments
Raushan Kumar
The State of Bihar
Sudhir Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
