The single-judge bench rejected the petitioner's bail plea in a murder case. The court found the case diary materials, including witness statements, sufficient to oppose bail, given the serious nature of the offence and the allegations that the petitioner was falsely implicated.
Prayer for bail of the petitioner is 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.37798 of 2023
Arising Out of PS. Case No.-287 Year-2022 Thana- WARISNAGAR District- Samastipur
======================================================
Md. Istiyak, male, aged about 56 years, S/o Late Md Faruqe @ Late Md. Faruk, R/O Village- Gohi Naya Tol, P.S. Warisnagar, Dist. Samastipur.
... ... Petitioner
Versus
The State of Bihar
... ... Opposite Party ====================================================== Appearance : For the Petitioners : Mr. Bijay Bhushan Prasad, Advocate For the Opposite Party : Mr. Nand Kumar, A.P.P. ======================================================
CORAM: HONOURABLE MR. JUSTICE KHATIM REZA ORAL ORDER
3 06-09-2023
Patna High Court CR. MISC. No.37798 of 2023(3) dt.06-09-2023 2/3
the petitioner is innocent and he has been falsely implicated in this case. There is no eye-witness of this case. It is further submitted that all the witnesses are hearsay witness. Lastly, it has been submitted that the petitioner is in custody since 11.10.2022 having no criminal antecedents and charge-sheet has been submitted in the case.
Patna High Court CR. MISC. No.37798 of 2023(3) dt.06-09-2023 3/3
is rejected.
(Khatim Reza, J)
Gaurav Kumar/-
U T
1 issue framed by the court
Whether bail should be granted to the petitioner charged under Section 302/34 of the Indian Penal Code in a case involving assault leading to death.
Md. Istiyak
Khatim Reza
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
