This order rejects the bail petition of the petitioner, accused of murdering a man with a knife during an altercation arising from a land dispute. The court refused bail due to the severity of charges and failed to mention specific legal guidelines relied upon for the decision.
Bail application rejected; trial expedited.
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.14138 of 2020
Arising Out of PS. Case No.-339 Year-2019 Thana- GARKHA District- Saran
======================================================
RAVINDRA RAI Son of Late Bhuwan Rai Resident of Village - Salaha, P.S.Garkha, Distt - Saran.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
====================================================== Appearance : For the Petitioner/s : Mr.Prabhakar Singh, Advocate For the Opposite Party/s : Mr.Uday Chand Prasad, Addl Public Prosecutor ======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER
4 01-11-2021 Heard learned counsel for the petitioner and the State.
The petitioner seeks regular bail in Sessions Trial No.
568 of 2019 being tried for the offences punishable under section 302 and other allied sections of the Indian Penal Code.
As per the prosecution case, petitioner and other accused persons abused the husband of the informant. Thereafter, petitioner is alleged to have assaulted her husband with knife on the left side of his stomach, whereas co-accused Rohit Rai assaulted the victim with Garasi on his neck. Coaccused Permila Kuwar and wife of one Ragunath Rai caused sword injury on his abdomen. Victim was taken to the hospital where he was declared dead.
Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in this
Patna High Court CR. MISC. No.14138 of 2020(4) dt.01-11-2021 2/2
case. It is also submittd that there was land dispute between the parties for which Title suit no. 639/15 is going on between the parties. Petitioner has got clean antecedent as stated in paragraph 3 of the bail petition. Petitioner is in custody since 27.7.2019.
Learned counsel for the State opposes the prayer for bail and submits that there is specific allegation against the petitioner that he gave knife injury to the victim on his abdomen.
Considering the rival submissions of the parties, materials available on the record and the nature of accusation against the petitioner, his prayer for bail is refused.
Let the trial be expedited.
(Prabhat Kumar Singh, J)
Shashi
U T
2 issues framed by the court
Whether the petitioner is entitled to regular bail in the Sessions Trial.
What relief to grant considering the allegations of murder and accomplices.
1 provisions across 1 enactments
Ravindra Rai
The State of Bihar
Prabhat Kumar Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
