High Court rejected the petitioner's bail application in a death-related criminal case. The court noted heinous allegations including assault with an iron rod causing death during investigation and denied bail, directing expedited trial.
Regular bail application rejected. Trial expedited.
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.34836 of 2023
Arising Out of PS. Case No.-16 Year-2020 Thana- SABAUR District- Bhagalpur
======================================================
LALU KUMAR @ LALU TANTI Son of Parkash Tanti Resident of VillageMamalkha, Police Station- Sabour, District- Bhagalpur
Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr.Dr. Manoj Kumar, Advocate For the Opposite Party/s : Mr. Umanath Mishra, A.P.P ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH
ORAL ORDER
2 25-07-2023
Learned counsel for the petitioner is permitted to remove defect (s), as pointed out by the office, if any, within a period of four weeks on resumption of physical mode.
2. Heard learned counsel for the petitioner and learned A.P.P for the State.
3. The petitioner has preferred this application for grant of regular bail in connection with Sabour P.S Case No. 16 of 2020 dated 16.01.2020 registered for the offences punishable under Sections 341, 323, 504, 506, 307, 379 and 302 read with 34 of the Indian Penal Code.
4. As per the prosecution case, the petitioner and the co-accused persons holding danda and iron rod come abusing to the door of the informant and exhorted to kill. Thereafter,
Patna High Court CR. MISC. No.34836 of 2023(2) dt.25-07-2023 2/3
they began to assault the informant's father and brother indiscriminately. In the meantime, the petitioner assaulted on the head of the informant's father with iron rod with intent to kill causing broken injury.
5. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. Nothing has been recovered from the conscious possession of the petitioner. There is case and counter case between the parties. The petitioner has clean antecedent as stated in para 3 of the bail petition. The petitioner is in custody since 30.09.2021.
6. Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner by submitting that there is specific allegation against the petitioner of assaulting the informant's father with iron rod. It is further submitted that the informant's father died during the course of investigation.
7. Considering the aforesaid facts and circumstances of the case as well as the specific and heinous nature of allegation against the petitioner, I am not inclined to enlarge this petitioner above-named on bail.
8 . Learned Trial Court is directed to expedite the trial and conclude the same at the earliest.
Patna High Court CR. MISC. No.34836 of 2023(2) dt.25-07-2023 3/3
9. The bail petition stands rejected.
(Chandra Prakash Singh, J)
atul/-
U T
2 issues framed by the court
Whether the petitioner is eligible for regular bail in an offence involving death of the informant's father during investigation with heinous allegations.
Whether there is a question of false implication requiring bail release when no evidence was recovered from the petitioner.
1 provisions across 1 enactments
Lalu Kumar @ Lalu Tanti
The State of Bihar
Chandra Prakash Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
