In a second bail application regarding a murder charge, the Patna High Court rejected the plea holding that no fresh grounds were brought on record despite prior complaints regarding FIR delay and post-mortem inconsistencies.
Prayer for bail rejected; no relief granted to the petitioner.
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.30744 of 2023
Arising Out of PS. Case No.-64 Year-2020 Thana- CHUTIA SAHAYAK District- Rohtas
======================================================
Phitun Singh @ Raju Singh, Son of Bachru Singh @ Bachcha Singh, R/o Village - Matiyaw, P.S.- Chutiya (Yadunathpur), District - Rohtas.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
====================================================== Appearance : For the Petitioner/s : Mr. Priyajeet Pandey, Advocate For the Opposite Party/s : Mr. Ram Sevak Choudhary, APP ======================================================
CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA ORAL ORDER
2 10-05-2023
Heard learned counsel for the petitioner and learned
APP for the State.
Patna High Court CR. MISC. No.30744 of 2023(2) dt.10-05-2023 2/2
mortem report shows death has been caused 6 to 12 hours prior to conduct of the post-mortem but from the prosecution case it is apprent it is almost 17-18 hours from the time when post-mortem was conducted. Learned counsel further submits that the time of death given by the doctor does not corroborate the time of death given by the informant. Learned counsel further submits that weapon has not been recovered till date and apart from this fact other circumstances related to the crime has not been explained by the prosecution. Petitioner is in custody since 07.08.2020.
(Arun Kumar Jha, J)
balmukund/- U T
2 issues framed by the court
Whether bail should be granted to the petitioner in a murder case where no fresh grounds were revealed.
Whether the delay in lodging the FIR and discrepancies in the post-mortem report warrant bail.
1 provisions across 1 enactments
Phitun Singh @ Raju Singh
The State of Bihar
Arun Kumar Jha
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
