Police Station Case No. 723 of 2021 for offences under IPC Sections 341, 323, 307, 504 and 34. The High Court rejected the bail application, holding that the Court was not inclined to grant privilege of bail given the serious nature of the charges and allegations of assault.
Bail application rejected; petitioner remains in judicial 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.16264 of 2022
Arising Out of PS. Case No.-723 Year-2021 Thana- KHAGARIA District- Khagaria
======================================================
RAHUL KUMAR Son of Late Satish Prasad Singh Resident of Village - Rampur Mukund , P.s.- Vishambharpur, Distt.- Gopalganj.Rahimpur Pachkhutti, P.s.- Khagaria (Mufassil), Distt.- Khagaria.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
====================================================== Appearance : For the Petitioner/s : Mr. Ravindra Kumar Singh, Advocate For the Opposite Party/s : Mr. Binod Kumar, APP ======================================================
CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
ORAL ORDER
3 01-08-2022
Heard learned counsel for the petitioner and learned counsel for the State.
Let the defect(s), if any, as pointed out by the office be removed within four weeks.
The petitioner is in judicial custody in connection with Khagaria (Muffassil) P.S. Case No. 723 of 2021 for the offences under Sections 341, 323, 307, 504 and 34 of the Indian Penal Code.
The allegation in the FIR is that the accused persons firstly came to his home and asked about his whereabouts and when it was informed that he is not at home they threatened and said that let the son be killed and then tried to drag him towards the river and also beat him but anyhow he ran away, went to the
Patna High Court CR. MISC. No.16264 of 2022(3) dt.01-08-2022 2/2
doctor, took some injections for the injuries and came home.
It is further alleged that once again they came along
with the other accused persons in the afternoon armed with iron rod and started assaulting the informant’s son indiscriminately causing serious injuries to him. When his daughter came to his rescue, it is alleged that she was also assaulted causing another serious injury to her too.
In this case, case diary was called for and the injury reports are part of the said case diary. According to the report, the injuries attributed to both the brother and sister have been opined to be serious in nature.
Taking into account the aforesaid facts, this Court is not inclined to grant him the privilege of bail which is accordingly rejected.
(Rajiv Roy, J)
Jagdish/-
2 issues framed by the court
Whether bail should be granted to the accused seeking release on bail.
Whether the nature of the offences makes the accused an unfit candidate for bail.
1 provisions across 1 enactments
Rahul Kumar
The State of Bihar
Rajiv Roy
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
