The High Court at Patna heard a bail application in a murder case where the petitioner and others assaulted victims, leading to one death. After hearing rival submissions regarding the severity of the offence and procedural aspects, the court was not inclined to grant bail.
The petitioner's prayer for bail was rejected and the application 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 MISCELLANEOUS No.21050 of 2020
Arising Out of PS. Case No.-751 Year-2019 Thana- JAKKANPUR District- Patna
======================================================
CHOTU Son of Panna Rai Resident of Mohalla - Chandpur Bela, P.S.Jakkanpur, District - Patna
... ... Petitioner
Versus
The State of Bihar
... ... Opposite Party
====================================================== Appearance : For the Petitioner : Mr.Pranaya Shanker Sinha,, Advocate For the Opposite Party : Mr. Anand Prasad Mohan Mehta, APP ======================================================
CORAM: HONOURABLE MR. JUSTICE MADHURESH PRASAD ORAL ORDER
3 02-09-2020
As of now the Courts have not resumed normal physical hearing, the matter has been listed today for consideration through Video Conferencing.
The learned counsels are appearing and making submissions from their residence. The Court Master and Secretary are also part of this virtual court proceedings from their homes, all with the aid of audio visual technology.
Heard learned Counsel for the petitioner and the learned
Counsel for the State.
Petitioner seeks bail in Jakkanpur PS Case No. 751 of 2019 registered under Sections 147, 148, 149, 341, 342, 307, 302 and 323 of the IPC.
The case of the prosecution is that the informant along with his cousin had gone to see “Jagaran”. At the venue a dispute arose regarding seat occupation. Thereafter the petitioner along with five others dragged the informant and his cousin to one shop where they had kept stick and bamboos from before. There the informant and his cousin have been assaulted. The cousin of the informant has subsequently died while undergoing treatment at PMCH.
Learned Counsel for the petitioner submits that two of the
Patna High Court CR. MISC. No.21050 of 2020(3) dt.02-09-2020 2/2
co-accused (Juvenile) have since been released. It is further submitted that in para 6 of the case diary father of the victim has stated that later in the day after the occurrence the victim suffered pain for which he was taken to PMCH. It is further submitted that in his re-statement the informant has stated about more persons indulging in assault on the victim. The petitioner is in custody since 18.11.2019.
Learned APP has drawn attention of the Court towards Post Mortem Report. The same corroborates death of the victim due to injuries attributed to the petitioner alongwith other co-accused. It is submitted that the occurrence is brutal.
Considering the rival submissions, for the present, this Court is not inclined to allow the petitioner’s prayer for bail. This application is dismissed.
(Madhuresh Prasad, J)
SNkumar/-
2 issues framed by the court
Whether bail should be granted to the petitioner charged under Sections 302 and 307 IPC involving a death of the victim.
Whether the brutality of the offence and confirmation of death in the Post Mortem Report warrant denial of bail.
2 provisions across 1 enactments
Chotu
The State of Bihar
Madhuresh Prasad
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
