In a bail application arising from a murder case, the Court considered arguments regarding planted evidence and the applicant's role as a prison warden. The bench held that the applicant could not be enlarged on bail and dismissed the petition.
The application for bail was dismissed and the petitioner remains in custody.
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.31790 of 2020
Arising Out of PS. Case No.-4 Year-2020 Thana- HAJIPUR SADAR District- Vaishali
======================================================
Raj Kumar (M) aged about 27 years, son of Uday Narayan Sahni, resident of Village - Chhatouni, P.S.- Tariyani, District - Sheohar @ Shivhar.
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Mritunjay Kumar Singh, Advocate For the State : Mr. Kumar Ranjit Ranjan, APP ======================================================
... ... Opposite Party/s
CORAM: HONOURABLE MR. JUSTICE AHSANUDDIN AMANULLAH ORAL JUDGMENT Date : 11-01-2021
Heard Mr. Mritunjay Kumar Singh, learned counsel for the petitioner and Mr. Kumar Ranjit Ranjan, learned Additional Public Prosecutor (hereinafter referred to as the ‘APP’) for the State.
Patna High Court CR. MISC. No.31790 of 2020 dt.11-01-2021 2/3
FIR itself that the weapon was thrown inside the jail premises. It was further submitted that even the later recovery of rupees two lakhs kept under the bed of the petitioner in the barrack was planted and it cannot be believed that the petitioner would keep the money in the barrack, and if at all, he had taken the same, he would have kept it somewhere else. Learned counsel further submitted that nobody has seen the petitioner actually taking the weapon inside the jail premises and keeping it at the alleged spot. It was submitted that charge-sheet has been submitted and the petitioner is in custody since 06.01.2020.
Patna High Court CR. MISC. No.31790 of 2020 dt.11-01-2021 3/3
someone, obviously, is a direct accomplice in the crime which having been done by misuse of his authority as a Warden, the
Court may not grant any indulgence.
(Ahsanuddin Amanullah, J)
J. Alam/-
AFR/NAFR U T
2 issues framed by the court
Whether the applicant should be released on bail given the allegations of planting evidence and lack of direct observation of the crime.
Whether the recovery of a large sum of money from the applicant's possession indicates a direct role in the crime.
3 provisions across 3 enactments
Raj Kumar
The State of Bihar
Ahsanuddin Amanullah
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
