The Patna High Court dismissed the petitioner's bail application in a case involving charges of attempted murder and culpable homicide. The court rejected the submission of false implication as the post-mortem report did not alter the nature of the specific assault allegations.
Bail application dismissed.
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.4199 of 2021
Arising Out of PS. Case No.-76 Year-2020 Thana- CHERIYA BARIYARPUR DistrictBegusarai
======================================================
Ranjeet Tanti Son of Bishundeo Tanti Resident of Village - Kamla, Ward No. 15, P.S. - Cheirya Bariyarpur (Manjhaul O.P.), District - Begusarai
... ... Petitioner/s
Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr.Shashi Dhar Jha For the Opposite Party/s : Mrs Renuka Ratnakar ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER
3 16-06-2021
Heard learned counsel for the parties through video conferencing.
The petitioner seeks bail in Cheriya Bariyarpur (Manjhaul O.P.) P.S. Case No. 76 of 2020, registered for the offence under Sections 341, 323, 504, 506, 307, 302/34 of the Indian Penal Code.
As per the prosecution case, this petitioner is alleged to have assaulted by iron rod on the head of father of the informant, as a result of which, he died.
Learned counsel appearing for the petitioner submitted that petitioner has been falsely implicated in this case. There is general and omnibus allegation of assault and no specific allegation of overtact has been alleged against this petitioner. As per post-mortem report, the cause of
Patna High Court CR. MISC. No.4199 of 2021(3) dt.16-06-2021 2/2
death is due to ruptured heart as a result of massive myocardial infarction. Petitioner claims clean antecedent and he is in custody since 02.06.2020. Investigation is complete.
However, learned A.P.P. for the State has vehemently opposed the bail application and submitted that there is specific allegation against this petitioner that he assaulted with iron rod on the head of informant’s father, as a result of which, he fell down and ultimately, died.
Considering the specific allegation of assault against this petitioner, I am not inclined to grant him bail and same is, accordingly, dismissed.
(Prabhat Kumar Singh, J.)
anay
U T
1 issue framed by the court
Whether bail should be granted to the petitioner charged with offences under Sections 302 and 307 IPC given the specific allegation of assault leading to death.
1 provisions across 1 enactments
Ranjeet Tanti
The State of Bihar
Prabhat Kumar Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
