The High Court rejected a bail application in a case registered under Sections 323, 341, 504, and 302 IPC alleging assault on the petitioner's father resulting in death. The court considered the gravity of the offence and direct allegations of assault, refusing bail but directing the trial court to expedite proceedings.
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.61055 of 2024
Arising Out of PS. Case No.-329 Year-2022 Thana- PARSABAZAR District- Patna
======================================================
Sagar Kumar Son of Late Devendra Singh @ Late Devendra Kumar Singh @ late Devendra Kumar Resident of Suiya @ Suitha near Devi Mandir, P.S.Parsa Bazar, District-Patna.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
====================================================== Appearance : For the Petitioner/s : Mr.Sushil Kumar Jha, Adv. For the Opposite Party/s : Mr.Rajendra Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA
ORAL ORDER
3 14-11-2024
Heard learned counsel for the petitioner and learned APP for the State. Perused the case diary.
Patna High Court CR. MISC. No.61055 of 2024(3) dt.14-11-2024 2/3
petitioner is innocent and has committed no offence as alleged against him and has falsely been implicated in the present case. The petitioner is the son of the deceased and brother of the Informant. The petitioner is mentally ill person and has been under treatment. He has also been treated at Central Institute of Psychiatry, Government of India, Kanke and also at PMCH as well as AIIMS, Patna. He further submits that as a matter of fact, due to mental illness, the petitioner got infuriated, angry and aggressive causing the alleged occurrence and there was no intention to kill the deceased. The petitioner has no criminal antecedent and is languishing in judicial custody since 23.07.2022 without any rhymes or reason. After investigation, the Investigating Officer has submitted charge-sheet against the petitioner under Sections 341, 323, 504 and 302 of the I.P.C. whereafter cognizance was taken by the court below.
Patna High Court CR. MISC. No.61055 of 2024(3) dt.14-11-2024 3/3
assault against the petitioner of assaulting the deceased by means of lathi due to which the deceased sustained grievous injury over his head and succumbed to his injury.
Superintendent of Police, Patna are also directed to take all sincere effort for production of the witnesses so as to conclude the trial expeditiously.
(Rudra Prakash Mishra, J)
rishi/-
U T
1 issue framed by the court
Whether the petitioner is entitled to bail in a murder case with direct allegations of assault and no criminal antecedents.
1 provisions across 1 enactments
Sagar Kumar
State of Bihar
Rudra Prakash Mishra
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
