In criminal miscellaneous petitions challenging bail in a case concerning malicious prosecution and attempt to murder, the Patna High Court rejected the petitioners' bail plea citing specific allegations against them.
Prayer for grant of regular bail of the petitioners 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.24960 of 2020
Arising Out of PS. Case No.-164 Year-2020 Thana- PALASI District- Araria
====================================================== MD. TAHIR S/o Late Dabar Baksh Resident of Village-Kujari Hat, Police Station-Palasi, District-Araria.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
====================================================== with CRIMINAL MISCELLANEOUS No. 24983 of 2020 Arising Out of PS. Case No.-164 Year-2020 Thana- PALASI District- Araria ====================================================== MD. SHAIYAB @ SAIYAB S/o Late Dabar Baksh Resident of Village-Kujari Hat, Police Station-Palasi, District-Araria. ... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : (In CRIMINAL MISCELLANEOUS No. 24960 of 2020) For the Petitioner/s : Mr. Ajay Kumar Thakur Mr. Mukesh Kumar Rana For the Opposite Party/s : Mr. Pranav Kumar,APP (In CRIMINAL MISCELLANEOUS No. 24983 of 2020) For the Petitioner/s : Mr. Ajay Kr. Thakur Mr. Mukesh Kumar Rana For the Opposite Party/s : Mr.Pranav Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ARVIND SRIVASTAVA ORAL ORDER
Heard learned counsel for the petitioners and learned
counsel for the State.
The petitioners are accused in connection with Palasi P.S. Case No. 164 of 2020 registered under sections 341, 323, 307, 379, 504 of the I.P.C. pending in the Court of A.C.J.M.-I, Araria. Later on, section 302 of the Indian Penal Code was
Patna High Court CR. MISC. No.24960 of 2020(7) dt.23-02-2021 2/2
added.
Submission of learned counsel for the petitioners is that petitioners are innocent and have falsely been implicated in the present case due to previous enmity with regard to land dispute. Petitioners are in custody since 19.05.2020.
Learned A.P.P. appearing on behalf of the State opposed the prayer of the petitioners by contending that there is specific allegation against the petitioners to show their involvement in the present case.
Having considered the above facts and circumstances of the case and nature of allegation, this Court is not inclined to allow the prayer of the petitioners for bail. Accordingly, prayer for grant of regular bail of the petitioners is rejected.
(Arvind Srivastava, J)
shailendra/-
U T
1 issue framed by the court
Whether the prayer for regular bail to the petitioners accused under sections 341, 323, 307, 379, 504 IPC and added 302 IPC shall be allowed.
MD. TAHIR
MD. SHAIYAB @ SAIYAB
The State of Bihar
Arvind Srivastava
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
