In an appeal against bail denial in a murder case involving drowning, the High Court of Patna considered the petitioner's lack of criminal record and post-mortem findings of no external injuries before granting bail with conditions.
Petitioner released on bail upon furnishing bonds of Rs. 25,000 with two sureties, conditioned on cooperation.
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.32240 of 2020
Arising Out of PS. Case No.-7 Year-2020 Thana- KHUDWA District- Aurangabad
======================================================
Vakil Singh, aged about 37 years (Male), Son of Late Keshlal Singh, Resident of Village- Tetarahar, P.S.- Baden O.P. (Navinagar), DistrictAurangabad.
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Bachan Jee Ojha, Advocate For the State : Mr. Md. Arif, APP ======================================================
CORAM: HONOURABLE MR. JUSTICE AHSANUDDIN AMANULLAH ORAL JUDGMENT
Date : 15-01-2021
Heard Mr. Bachan Jee Ojha, learned counsel for the petitioner and Mr. Md. Arif, learned Incharge Additional Public Prosecutor (hereinafter referred to as the ‘APP’) for the State.
Patna High Court CR. MISC. No.32240 of 2020 dt.15-01-2021 2/3
members are accused. It was submitted that the petitioner lives in another village eighty kilometers away from the village of the informant and in the FIR itself it has been stated that the son of the informant, that is, the deceased, had gone to a water fall and then his body was found in the water and in the post-mortem report it has been opined that death occurred due to drowning and further that no external injury has been found. Learned counsel submitted that there was neither any witness nor anything incriminating has come against the petitioner and it is a simple case of accident where the deceased had died due to drowning and only using the circumstance to exert pressure for compromise in the case filed against the informant and others by the sister of the petitioner with regard to killing of her husband, who is the elder brother of the informant, in which the informant is a named accused, the petitioner and two other persons have been falsely implicated. It was submitted that the petitioner having no criminal antecedent is in custody since 22.02.2020.
Patna High Court CR. MISC. No.32240 of 2020 dt.15-01-2021 3/3
death occurred due to drowning.
aforementioned terms.
(Ahsanuddin Amanullah, J)
Anjani/-
| AFR/NAFR U T |
|---|
2 issues framed by the court
Whether the petitioner should be released on bail in a murder case involving drowning where the post-mortem reported no external injuries.
Whether the circumstances indicate false implication given the relationship to the informant and lack of criminal antecedents.
2 provisions across 1 enactments
Vakil Singh
The State of Bihar
Ahsanuddin Amanullah
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
