The High Court at Patna dismissed the appellant's appeal seeking regular bail in a case involving murder, attempt to intimidate, arms offences, and SC/ST Act violations. The Court refused bail citing the serious gravity of the offences and the appellant's long criminal history.
Bail was denied to the appellant; the criminal appeal was dismissed.
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 APPEAL (SJ) No.5840 of 2019
Arising Out of PS. Case No.-329 Year-2018 Thana- BIDUPUR District- Vaishali
======================================================
BHAGDEV ROY S/o Jalandhar Roy, Resident of Village- Khajbati, P.S.Bidupur, Distt- Vaishali,
... ... Appellant/s
Versus
THE STATE OF BIHAR
... ... Respondent/s
====================================================== Appearance : For the Appellant/s : Mr.Arvind Kumar Singh For the Respondent/s : Mr.Sadanand Paswan ======================================================
CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY ORAL ORDER
5 01-06-2020
Heard learned counsel for the appellant and learned counsel for the State through virtual court proceeding.
In this case, the appellant is seeking regular bail in connection with Bidupur P.S. Case No.329 of 2018 registered for offence punishable under sections 302, 120(B), 387/34 of the Indian Penal Code, 27 of the Arms Act and 3 (2) (v) SC/ST Act.
As per FIR, the informant on 23.08.2018 at about 22.00 hours, made a statement before the police that on 23.08.2018 at about 18.30 hours, the husband of the informant received a mobile call from his driver, namely, Ajay Kumar that in the highway, certain persons have intercepted his truck calling her husband whereupon her husband had gone at the spot by motor cycle bearing registration no. BR33H-8859 and whereafter, the informant received a call that her husband has
Patna High Court CR. APP (SJ) No.5840 of 2019(5) dt.01-06-2020 2/2
been killed. The informant gave report that the present appellant and other accused persons came to the house of the informant and demanded extortion money from her husband when he refused, he has been killed and also the driver has received the injury by those accused persons.
From the order sheet it appears that the name of the appellant has transpired during investigation which has been quoted in paragraphs 7, 8, 9, 14, 18, 24 and 44 of the case diary as well as the appellant has a long criminal history.
In such view of the matter, this Court is not inclined to grant bail to the appellant for the present.
Accordingly, this appeal is dismissed.
(Shivaji Pandey, J)
Mahesh/-
U T
2 issues framed by the court
Whether regular bail should be granted to the appellant in a case involving murder, arms, and SC/ST Act offences.
Whether the appellant's long criminal history and nature of the investigation justify denial of bail.
6 provisions across 3 enactments
BHAGDEV ROY
THE STATE OF BIHAR
SHIVAJI PANDEY
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
