In this bail application arising from a murder charge under Section 302 IPC, the accused was in custody. The court examined the aggravated nature of the crime, including the assault causing death, and refused bail, dismissing the application.
Petitioner's application for bail was dismissed; no bail granted.
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.944 of 2019
Arising Out of PS. Case No.-142 Year-2018 Thana- SANGRAMPUR District- East Champaran
======================================================
Balak Kumar @ Ram Balak Sahani Jaleshwar Sahani Village - Puchharia Babu Tola, P.S. Sangrampur, District- East Champaran.
... ... Petitioner/s
Versus
The State of Bihar.
... ... Opposite Party/s
====================================================== Appearance : For the Petitioner/s : Mr.Umesh Chandra Verma For the Opposite Party/s : Mr.Sri Ajit Kumar
======================================================
CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER
3 01-04-2019 Heard learned counsel for the petitioner and learned
counsel for the State.
Petitioner, who is in custody, seeks bail in connection with Sangrampur P.S. Case No. 142 of 2018 registered for the offence punishable under Section 302 of the Indian Penal Code.
Informant in his written complaint has alleged that FIR named accused persons including petitioner and three unknown assaulted son of informant Arjun Sahani by means of Ikari, Barachi, lathi causing grievous injury to him. Allegation against petitioner is causing assault by means of Ikari on left side of chest of son of informant. Thereafter his son was taken
Patna High Court CR. MISC. No.944 of 2019(3) dt.01-04-2019 2/2
to Hospital and died on way to hospital. Allegations made in FIR are corroborated by post mortem report.
Considering the nature of allegation against petitioner,
I am not inclined to grant bail to the petitioner. Accordingly this application is dismissed.
(S. Kumar, J)
veena/-
U T
2 issues framed by the court
Whether bail can be granted to a petitioner accused of murder under Section 302 IPC in a case involving grievous injury that resulted in death.
Whether the gruesome nature of the offence and the dying of the victim precludes the grant of bail.
1 provisions across 1 enactments
Balak Kumar @ Ram Balak Sahani Jaleshwar Sahani
The State of Bihar
S. Kumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
