Bail petition dismissed for two accused charged with murder. Court found allegations plausible absent contrary proof, noted delay in lodging FIR, and rejected bail plea applying 302 IPC.
Petitioners rejected on bail; trial court directed to conclude trial as early as possible.
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.2539 of 2020
Arising Out of PS. Case No.-220 Year-2019 Thana- GRIYAK District- Nalanda
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... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
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Appearance : For the Petitioner/s : Mr.Raj Kishor Prasad For the Opposite Party/s : Mr.Ashok Kumar
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CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER
5 05-08-2021 This matter is taken up for consideration through Video Conferencing.
Heard learned counsel for the petitioners and learned A.P.P for the State.
The petitioners seek bail in Giriyak P.S. Case No. 220 of 2019, registered for the offence punishable under Sections 302, 323, 504/34 of the Indian Penal Code.
As per the prosecution case, petitioner no. 1, petitioner no. 2 and elder son of petitioners assaulted the husband of informant with cricket bat, lathi and danda on account of which he sustained injuries and during course of treatment died.
It is submitted on behalf of the petitioners that petitioners have falsely been implicated in this case and scuffle
Patna High Court CR. MISC. No.2539 of 2020(5) dt.05-08-2021 2/2
took place between the parties on petty issue in which husband of informant got beaten up and during course of treatment died. The occurrence is said to have taken place on 20.06.2019, but the FIR was lodged on 25.06.2019 and there is no plausible explanation for such delay. Allegation is general and omnibus against all the accused persons of committing assault. Petitioners are in custody since 17.10.2019 having no criminal antecedent.
Learned APP however, vehemently opposed the prayer for bail and submitted that all the FIR named accused persons including petitioners brutally assaulted the husband of informant who during course of treatment died. As per the postmortem report, there were multiple injuries over the person of deceased and the doctor has opined cause of death is head injury caused by hard and blunt force impact.
Considering the facts aforesaid and the nature and gravity of offence, I am not inclined to enlarge the petitioners above-named on bail. Accordingly, the same is rejected.
As the petitioners are in custody since 17.10.2019, trial court is directed to conclude the trial as early as possible.
(Prabhat Kumar Singh, J)
vinita/- U T
2 issues framed by the court
Whether the petitioners should be enlarged on bail in a case involving murder and culpable homicide.
Whether the delay between the occurrence date and the FIR lodging vitiates the case.
1 provisions across 1 enactments
Tunni Ravidas
Tetri Devi
The State of Bihar
Prabhat Kumar Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
