In a bail application under CrPC arising from a murder case, the Patna High Court rejected the prayer for bail, holding that the serious nature of the charge and specific allegations of assault precluded enlargement despite the petitioners being first-time offenders.
Bail application rejected; petitioners denied bail.
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.18231 of 2021
Arising Out of PS. Case No.-66 Year-2020 Thana- RUPAULI District- Purnia
... ... Petitioner/s
Versus
The State Of Bihar
... ... Opposite Party/s
====================================================== Appearance : For the Petitioner/s : Mr.Vijay Shankar Shrivastava For the Opposite Party/s : Ms. Renu Kumari ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER
3 01-12-2021
A.P.P for the State.
The petitioners seek bail in Rupouli P.S. Case No. 66 of 2020 corresponding to Sessions Trial No. 150 of 2020, registered for the offence punishable under Sections 302, 307 and other allied sections of the Indian Penal Code.
As per the prosecution case, on 15.05.2020 at about 9.00 am while the informant was discussing with his wife in front of his house, one Ashish Kumar having Grocery Shop in front of house of informant misunderstood the matter and thought that informant was scolding him. Ashish Kumar Petitioner no. 1 became angry and from his shop he came
Patna High Court CR. MISC. No.18231 of 2021(3) dt.01-12-2021 2/3
towards the informant with a bamboo in his hand and assaulted the informant, but unfortunately, the bamboo hit the father of informant on his head, as a result of which he became injured. In the meantime, Ravi Kumar Petitioner no. 2, Sajan Kumar Das, Bina Devi also came there having lathi, danda in their hand and started abusing and assaulting his father, when the informant came to save he was also assaulted by them. Informant took his father to the hospital and during course of treatment, informant’s father died.
It is submitted on behalf of the petitioners that petitioners have falsely been implicated in this case. So far as petitioner no. 1 is concerned, from bare perusal of FIR it appears that due to misunderstanding he assaulted the informant with bamboo stick, but unfortunately, bamboo hit the father of informant and there was no motive or intention to kill the father of informant. So far as petitioner no. 2 is concerned, there is general and omnibus allegation. Similarly situated co-accused Bina Devi has been granted anticipatory bail by the court below itself. Petitioners are in custody since 17.05.2020 having no criminal antecedent.
Learned APP however, vehemently opposed the prayer for bail and submitted that there is specific allegation of
Patna High Court CR. MISC. No.18231 of 2021(3) dt.01-12-2021 3/3
assault against this petitioner, as a result of which informant’s father died.
Considering the facts aforesaid and the nature of allegation, I am not inclined to enlarge the petitioners abovenamed on bail. Accordingly, the same is rejected.
(Prabhat Kumar Singh, J)
vinita/-
U T
3 issues framed by the court
Whether the petitioners entitled to bail in a case involving offence punishable under Sections 302 and 307 IPC.
Whether the allegations of assault and misunderstanding justify enlargement on bail.
Whether presence of antecedents of one co-accused precludes bail for the petitioners who are first time offenders.
Ashish Kumar
Ravi Kumar
The State Of Bihar
Prabhat Kumar Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
