Single judge oral order rejecting bail application of petitioner accused in criminal case involving assault, noting criminal antecedents and period of absconding.
Bail application rejected. Supplementary affidavit kept on record.
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.52679 of 2021
Arising Out of PS. Case No.-547 Year-2019 Thana- MAJHAULIA District- West Champaran
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Manoj Sahani S/O Bikarma Sahani, R/o village- Magharia Shekh, P.S.Majhauliya, District- West Champaran
... ... Petitioner/s
Versus
The State of Bihar
| =================== | ==================== | ... ... Opposite Party/s =============== |
|---|---|---|
| Appearance : For the Petitioner/s : |
Mr. Ashok Kumar Gupta, | Adv. |
| For the Opposite Party/s : =================== |
Md. Aslam Ansari, APP ==================== |
=============== |
CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
ORAL ORDER
The supplementary affidavit be kept on record.
Heard learned counsel for the parties.
Petitioner is in judicial custody in connection with
Manjhaulia P.S. Case No.547 of 2019 instituted under Section 341, 323, 324, 807, 387 and 427/34 of the Indian Penal Code lodged on 14.10.2019 by Purshottam Malo.
As per the prosecution story, the accused persons including the petitioner herein named in the FIR surrounded him and it is alleged that Manoj Sahani (petitioner), Shatrudhan Sahani and Ganesh Sahani inflicted farsa on his head with an intention to kill causing three head injuries. It has further been alleged that Suresh Sahani gave garasa blow on his head and when Rakesh Malo came to save him, he too was assaulted on his head by farsa and as a result whereof they fell down and became unconscious. The last allegation in the FIR is that they
Patna High Court CR. MISC. No.52679 of 2021(2) dt.05-04-2022 2/2
were demanded rangdari and due to its non-fulfillment this offence was committed.
There is not only directed allegation of assault by farsa on the head of the informant, the petitioner has criminal antecedent inasmuch as he is named accused in altogether nine criminal cases, most of which arises out of Majhauliya Police Station. This Court has further taken note of the fact the incident took place on 14.10.2019 and the petitioner remained absconded for one and half year i.e. he came into the purview of the judicial custody only on 12.04.2021 as stated in para-11.
Taking into account the aforesaid facts, this Court is not inclined to grant the privilege of bail to the petitioner which is accordingly rejected.
(Rajiv Roy, J)
Prakash Narayan /- U T
1 issue framed by the court
Whether bail should be granted to the petitioner who is in judicial custody with criminal antecedents and absconced for one and a half year.
1 provisions across 1 enactments
Manoj Sahani
The State of Bihar
Rajiv Roy
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
