In a criminal miscellaneous matter, the Patna High Court refused bail to the petitioner, an accused in a murder investigation, rejecting the plea based on the presence of eye-witnesses identifying him as the stabber of the deceased.
Bail application rejected.
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.43180 of 2021
Arising Out of PS. Case No.-432 Year-2020 Thana- BETTIAH CITY District- West
Champaran
======================================================
Chhotu Khan @ Kaliya S/o Late Abdul Miyan @ Abdul Khan Resident of Mohalla- Durga Nagar, New Bus Stand, Bettiah, Ward No.38, P.S.- Bettiah Town, District- West Champaran.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
====================================================== Appearance : For the Petitioner/s : Mr.Sanjeev Kumar For the Opposite Party/s : Mr.S.K.Pandey,APP ======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER
4 21-03-2022 Heard learned counsel for the parties.
The petitioner seeks bail in Bettiah (T) P.S. Case No. 432 of 2020, registered for the offence under Section 302/34 of the Indian Penal Code.
As per the F.I.R., some unknown miscreants stabbed on chest and abdomen of son-in-law of the informant, as a result of which, he died.
Petitioner is not named in the FIR. Name of the petitioner has transpired during course of investigation. It is further submitted that there is no eye-witness to the alleged occurrence and petitioner is in custody since 19.12.2020.
However, learned A.P.P. for the State opposed the bail petition and submitted that during course of investigation, two
Patna High Court CR. MISC. No.43180 of 2021(4) dt.21-03-2022 2/2
witnesses namely Harun Mian and Bhagelu Ram, who claimed to be eye-witness, have stated that they saw this petitioner stabbing the deceased.
Considering the aforesaid facts and circumstances, I am not inclined to grant bail to the petitioner and same is, accordingly, rejected.
(Prabhat Kumar Singh, J)
anay/-
U T
2 issues framed by the court
Whether bail should be granted to the petitioner accused of murder who is not named in the FIR but whose identification has transpired during investigation.
Whether the presence of two eye-witnesses who identified the petitioner as the stabber justifies rejecting the bail application.
2 provisions across 1 enactments
Chhotu Khan @ Kaliya
The State of Bihar
Prabhat Kumar Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
