The High Court rejected the bail application of the petitioner, who was in judicial custody accused of inserting a stick into the deceased's head. The Court held the FIR clearly pointed to the petitioner as the sole assailant and denied bail.
Bail application rejected; Trial Court directed to expedite trial.
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.58618 of 2021
Arising Out of PS. Case No.-550 Year-2020 Thana- BAHADURPUR District- Darbhanga
======================================================
Kishun Mukhiya Son of Late Basudev Mukhiya Resident of Village - Gopipatti, P.S.- Bahadurpur (Pator O.P.), District – Darbhanga.
... ... Petitioner
Versus
The State of Bihar.
... ... Opposite Party ====================================================== Appearance : For the Petitioner/s : Mr.Pankaj Kumar Das, Advocate For the Opposite Party/s : Mr.Ram Anurag Singh, APP For the Informant : Mr. Anjani Kumar Sinha, Advocate ======================================================
CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER
2 12-04-2022 Heard counsel for the parties.
The petitioner is in judicial custody in connection
with Bahadurpur (Pator O.P.) P.S. Case No. 550 of 2020 (Trial No. 130 of 2021) under Sections 341, 323, 324, 307, 504/34 of the Indian Penal Code (Section 302 of the IPC was added later on).
Direct allegation is against the petitioner herein, Kishun Mukhiya that he inserted ‘Khanti’ in the head of the deceased which proved fatal.
In view of the facts that the FIR clearly points out finger of the petitioner as sole assailant to this heinous crime this Court is not inclined to grant any relief to him and the
Patna High Court CR. MISC. No.58618 of 2021(2) dt.12-04-2022 2/2
bail application as such is rejected. However, the Trial Court
is directed to expedite the trial.
(Rajiv Roy, J)
Ravi/-
U T
2 issues framed by the court
Whether bail should be granted to the petitioner who is in judicial custody facing charges of fatal assault and attempted murder.
Whether the trial court should expedite the proceedings given the gravity of the alleged crime.
1 provisions across 1 enactments
Kishun Mukhiya
Rajiv Roy
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
