In a criminal appeal against the refusal of bail in a murder and SC/ST atrocity case, the High Court affirmed the lower court's decision, holding that the appellant was not entitled to bail given the firm prosecution case and prior history.
The prayer for bail for the appellant is dismissed; the impugned bail order is affirmed.
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.1340 of 2021
Arising Out of PS. Case No.-993 Year-2019 Thana- SAHARSA District- Saharsa
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Md. Aftab, male, aged about 26 years, son of Md. Kabir @ Md. Kabri, Resident of village Simraha Ward no. 35 P.S. Saharsa District- Saharsa.
... ... Appellant
Versus The State of Bihar ... ... Respondent ====================================================== Appearance : For the appellant : Mr. N.K.Agrawal Sr. Adv with Mr. Uday Chand Prasad, Advocate For the State : Mr. Sadanand Paswan Spl PP ======================================================
CORAM: HONOURABLE MR. JUSTICE MADHURESH PRASAD ORAL ORDER
7 07-07-2021
In view of the sudden resurgence of Covid-19 infection, there is limited functioning of the High Court and, therefore, the matter has been listed today for consideration through virtual mode.
2 Learned counsel for the appellant is expected to honour his undertaking given in the instant case for depositing the requisite court fee and to remove the defects, as pointed out by office, when called upon to do so by the office
Patna High Court CR. APP (SJ) No.1340 of 2021(7) dt.07-07-2021 2/3
with Special case no. 307 of 2019 arising out of Saharsa Sadar P.S. Case no. 993 of 2019.
Patna High Court CR. APP (SJ) No.1340 of 2021(7) dt.07-07-2021 3/3
known to each other being resident of the same village. Since the victim was working in the house of the appellant’s father-inlaw, the parties were known to each other. Earlier, also this appellant had attempted killing of the same victim in the year 2018, for which, Saharsa P.S. Case No. 746 of 2019 has been lodged. Under the circumstances, the appellant is not entitled to the privilege of bail.
(Madhuresh Prasad, J)
shyambihari/-
U T
2 issues framed by the court
Whether the appellant is entitled to bail in a case involving allegations under the SC/ST Act, IPC 302, and Arms Act.
Whether there is sufficient doubt in eyewitness identification or motive to warrant interference with the impugned bail order.
4 provisions across 3 enactments
Md. Aftab
The State of Bihar
MADHURESH PRASAD
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
