In a petition for pre-arrest bail in an FIR involving murder and attempted murder, the Patna High Court refused bail citing the gravity of the offences and the FIR's allegation of active participation in the father's murder.
Pre-arrest bail application rejected.
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.76501 of 2019
Arising Out of PS. Case No.-208 Year-2018 Thana- SAHPUR District- Bhojpur
======================================================
Birendra Singh S/o Shri Jugeshwar Singh R/o- village- Sarna, P.S.- Shahpur, District- Bhojpur.
... ... Petitioner
Versus
The State Of Bihar
... ... Opposite Party
====================================================== Appearance : For the Petitioner/s : Mr. Awadhesh Kumar For the Opposite Party/s : Mr. Indra Kumar Singh ======================================================
CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL ORDER
4 19-06-2020
counsel for the State via video conferencing.
The petitioner has filed the present application for grant of pre-arrest bail in connection with Shahpur P.S. Case No. 208 of 2018 registered for the offence punishable under Sections 341, 323, 324, 326, 307, 302 and 504/34 of the Indian Penal Code and Section 27 of the Arms Act.
Considering the gravity of the offence as also the allegation made in the first information report that the petitioner actively participated in commission of murder of the father of the informant along with his brother Ramendra Singh, I am not inclined to grant pre-arrest bail. The application is rejected.
In case, the petitioner surrenders and seeks bail, the
Patna High Court CR. MISC. No.76501 of 2019(4) dt.19-06-2020 2/2
same should be considered and disposed of its on merit without being prejudiced in any manner by this order.
(Ashwani Kumar Singh, J)
rohit/-
U T
2 issues framed by the court
Whether pre-arrest bail should be granted in a case involving allegations of murder and attempted murder.
Whether the grave nature of alleged offences including murder warrants denial of bail.
2 provisions across 2 enactments
Birendra Singh
The State Of Bihar
Ashwani Kumar Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
