In bail petition for murder, High Court rejected prayer based on witness statements supporting prosecution case and gravity of charges under sections 302 IPC.
Prayer for bail is 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.8151 of 2020
Arising Out of PS. Case No.-184 Year-2019 Thana- GWALPARA District- Madhepura
======================================================
All are residents of Village - Shahpur, P.S.- Gwalpara, Distt - Madhepura.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
====================================================== Appearance : For the Petitioner/s : Mr.Sanjay Kumar Singh For the Opposite Party/s : Mr.Uday Pratap Singh ======================================================
CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY ORAL ORDER
3 02-06-2020 Heard learned counsel for the petitioners and learned counsel for the State through virtual court proceeding.
In this case, the petitioners are seeking bail in connection with Gwalpara P.S. Case No. 184 of 2019 registered for offences under sections 302/120(B)/34 of the Indian Penal Code and Section 27 of the Arms Act.
As per allegation made in the First Information Report, the petitioners, with the aid and association of other accused persons, have committed murder of the husband of the Informant.
Perused the case diary. In paragraph nos. 16, 33,
Patna High Court CR. MISC. No.8151 of 2020(3) dt.02-06-2020 2/2
34, 37 and 38 of the same, there is the statement of witnesses who have fully supported the case of the prosecution with regard to involvement of the present petitioners in the alleged occurrence. In paragraph no.15 of the case diary, there is statement of nephew of the Informant, namely, Prameet Kumar stating therein that the petitioners and other accused persons fired bullet upon his uncle.
The petitioner is in custody since 09.10.2019.
Looking to the specific allegation made against the petitioners as also considering the entire facts and circumstances of the case, this Court is not inclined to grant bail to the petitioners.
Accordingly, the prayer for bail of the petitioners, above named, is rejected for the present.
(Shivaji Pandey, J)
rishi/-
U T
2 issues framed by the court
Whether bail should be granted to petitioners accused of murder under sections 302 and 34 IPC when witnesses support prosecution case and FIR alleges involvement of aiders and abettors?
Whether the specific allegations and circumstances in relation to the murder make the petitioners undesirable for bail under current law?
2 provisions across 2 enactments
Manish Kumar @ Mohan Jee and others
The State of Bihar
Shivaji Pandey
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
