In a bail application under Section 437 CrPC in a murder case (Sec 302 IPC), the High Court refused to grant bail pending the framing of charges, noting the petitioner could renew the prayer subsequently.
Prayer for regular bail dismissed; liberty granted to renew prayer after framing of charge.
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.64112 of 2023
Arising Out of PS. Case No.-170 Year-2019 Thana- KUSHESHWARASTHAN DistrictDarbhanga
====================================================== KHALTU YADAV @ ARBIND YADAV SON OF LATE NAGO YADAV @ NAGESHWAR YADAV RESIDENT OF VILLAGE- MORKAHI, PSMUFFASIL, DISTT- KHAGARIA
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
====================================================== Appearance : For the Petitioner/s : Mr. Shailendra Kumar Singh, Adv Mr.Ranjeet Kumar Singh, Adv For the Informant : Mr. Narendra Kumar Singh, Adv For the Opposite Party/s : Mr.Manoj Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER
3 06-12-2023
Heard learned counsel for the petitioner and learned
A.P.P. for the State.
Patna High Court CR. MISC. No.64112 of 2023(3) dt.06-12-2023 2/3
Patna High Court CR. MISC. No.64112 of 2023(3) dt.06-12-2023 3/3
report three injury has been shown on the dead body and all injuries are in the nature of lacerated wound. Counsel further submits that the specific allegation in the F.I.R. against three persons to fire on the deceased and deceased received three injuries.
(Dr. Anshuman, J)
Sunnykr/-
U
3 issues framed by the court
Whether regular bail should be granted to the petitioner in a murder and侵占 case involving section 302 IPC and alleged enmity.
Whether the petitioner is entitled to bail before the framing of charges in a case registered on a date prior to his arrest.
Whether the existence of a long-pending land dispute and reciprocal allegations justify granting bail.
2 provisions across 2 enactments
KHALTU YADAV @ ARBIND YADAV
The State of Bihar
DR. ANSHUMAN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
