Petitioner sought bail in a murder case (Sections 302/34 IPC). High Court held petitioner was not inclined to enlarge him on bail given the serious allegations and rejected the prayer, dismissing the application.
The prayer for bail of the petitioner is rejected in connection with Sessions Trial No.151/2020.
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.16808 of 2021
Arising Out of PS. Case No.-26 Year-2015 Thana- MINAPUR District- Muzaffarpur
======================================================
RAM BABU SAH, Son of Late Sukul Sah, Resident of Village - Khemaipatti, P.S.- Minapur, Distt.- Muzaffarpur.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
====================================================== Appearance :
For the Petitioner/s : Mr.Nachiketa Jha, Adv. For the Opposite Party/s : Mr.Yogendra Kumar, APP ======================================================
CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN
ORAL ORDER
APP for the State through virtual court proceedings.
Learned counsel for the petitioner undertakes to remove the defects as pointed out by the office within three weeks of normal functioning of the court, failing which the office is directed to place the matter before the Bench.
The petitioner seeks bail in a case registered for the offence punishable under Sections 302/34 of the Indian Penal Code.
The prosecution case, in brief, is that the informant has named the petitioner alongwith co-accused Binod Sah in his written application and alleged that they assaulted him and his
Patna High Court CR. MISC. No.16808 of 2021(2) dt.27-07-2021 2/3
wife by lathi causing grievous injury. The informant and his wife were admitted to Government Hospital, Muzaffarpur wherefrom wife of the informant was referred to PMCH, where she died during course of treatment.
Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in this case. He further submits that as per FIR, there is general and omnibus allegation against the petitioner including co-accused to kill the wife of the informant with Bamboo lathi. There is no specific overt act against the petitioner. The petitioner is in jail custody since 31.05.2020. The petitioner has no criminal antecedent which is mentioned in para 3 of the bail petition. Charge-sheet has been submitted against the petitioner.
Learned APP for the State vehemently opposed the prayer for bail petition and submits that as per FIR, it appears that the petitioner is named in the FIR, there is direct allegation the petitioner including co-accused namely Binod Sah, they assaulted the informant and his wife causing death of wife of the informant.
Considering the aforesaid facts and circumstances of the case, I am not inclined to enlarge the petitioner on bail. Accordingly, the prayer for bail of the petitioner is rejected in
Patna High Court CR. MISC. No.16808 of 2021(2) dt.27-07-2021 3/3
connection with Sessions Trial No.151/2020 arising out of Minapur P.S. Case No. 26/2015 from the Court of learned
Sessions Judge, Muzaffarpur.
Accordingly, this application is dismissed.
(Anjani Kumar Sharan, J)
amitkumar/-
U T
2 issues framed by the court
Whether the petitioner is entitled to release on bail in a case involving offence under Sections 302/34 IPC?
Whether the petitioner's claim of innocence and lack of specific overt act warrants dismissal of the bail petition?
1 provisions across 1 enactments
Ram Babu Sah
State of Bihar
Anjani Kumar Sharan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
