Dismissed

Gourakh Rajbhar @ Gorakhnath Rajbhar v. The State of Bihar

Patna HC22 Jun 2023CR. MISC./3847/2023

Case brief

AI extract

What is this about?

This bail application was rejected. The petitioner, charged with murder via poisoning, claimed false implication due to an illicit relationship. The court, considering the FIR, FSL report detecting Aluminium Phosphide, and prosecutory evidence, declined to enlarge the petitioner on bail and directed the trial court to expedite the proceedings.

What did the court decide?

Prayer for regular bail rejected; trial court directed to expedite the trial.

Gourakh Rajbhar @ Gorakhnath Rajbhar Vs The State… — Murder and Culpable Homicide | Patna HC (2023)

¶1

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.3847 of 2023

¶2

Arising Out of PS. Case No.-52 Year-2010 Thana- BANKA District- Banka

¶3

======================================================

¶4

Gourakh Rajbhar @ Gorakhnath Rajbhar Son Of Late Abhilakh Rajbha @ Late Abhiakh Rajbhar R/V- Gangoli, P.S- Kasimabad, Dist- Gajipur (u.P)

... ... Petitioner/S

Versus

The State Of Bihar

... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr.Balram Kapri For the Opposite Party/s : Mr.Pranav Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER

¶9

4 22-06-2023

¶10

Heard learned counsel for the petitioner and learned APP for the State.

¶11

The petitioner has prayed for regular bail in a case registered for the offence punishable under sections 302, 201, 34 of the Indian Penal Code.

¶12

As per FIR, the allegation against the petitioner is that he in connivance with wife of the deceased committed murder of the informant’s brother by administering poison.

¶13

Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. The petitioner has illicit relation with the wife of the deceased and due to which he has falsely been implicated in this case.

¶14

Patna High Court CR. MISC. No.3847 of 2023(4) dt.22-06-2023 2/3

¶15

He has got no criminal antecedent. It is further submitted that the petitioner is languishing in judicial custody since 09.032022.

¶16

Learned APP appearing for the state has opposed the prayer of regular bail and submitted that petitioner and wife of the deceased administered poison to the informant's brother due to which he died and the wife of the deceased is still traceless. As per FSL Report, which is annexed with para 102 of the case diary, it is evident that Aluminium Phosphide was detected, which is a severe gastro intestinal irritant. It is further submitted that during investigation several witnesses also supported the prosecution version.

¶17

Having heard the learned counsel for the parties

¶18

and considering the facts and circumstances, this court is not inclined to enlarge the petitioner on bail and, as such, his prayer for bail stands rejected.

¶19

The trial Court is directed to expedite the trial and conclude the same as soon as possible

¶20

(Sunil Kumar Panwar, J)

¶21

Manishkumar/-

¶22

U T

¶23

Patna High Court CR. MISC. No.3847 of 2023(4) dt.22-06-2023 3/3

Gourakh Rajbhar @ Gorakhnath Rajbhar v. The State of Bihar

Case brief

What is this about?

What did the court decide?

Gourakh Rajbhar @ Gorakhnath Rajbhar v. The State of Bihar

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Parties & counsel

Coram

Case details

Similar cases

Arun Paswan Vs The State of Bihar

Sukhdev Rai Vs The State of Bihar

Dilkhush Kumar Vs The State of Bihar

Md. Gulam Rasool Vs The State of Bihar

Bhubneshwar Bhagat Vs The State of Bihar

Bhushan Yadav Vs The State of Bihar