Regular bail application for murder under Section 302/34 IPC; petitioners accused of participating as part of an unlawful assembly of pickpockets avenging the deceased's complaint. Court found they conspired and participated in the killing and refused bail despite a co-accused being granted bail.
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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.73422 of 2023
Arising Out of PS. Case No.-64 Year-2023 Thana- AKBARNAGAR District- Bhagalpur
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
====================================================== Appearance : For the Petitioner/s : Mr. Buddhi Lal Yadav For the Opposite Party/s : Mr. Binod Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER
3 27-02-2024
learned APP for the State.
2 . The petitioners seek regular bail in a case registered for the offences under Section 302/34 of the Indian Penal Code.
3 . As per the prosecution case, F.I.R. was registered against the suspect named in the F.I.R. who are said to have killed the deceased who is the husband of the informant.
4 . It has been submitted by the learned counsel for the petitioners that during investigation, it has come that some persons have killed the deceased and these petitioners are the members of the unlawful assembly but they are not the assailant
Patna High Court CR. MISC. No.73422 of 2023(3) dt.27-02-2024 2/2
of the deceased. Petitioners are in jail since 16.06.2023.
5 . I have heard the submissions of the parties and
perused the records.
6 . It appears from the records that the petitioners are the members of a gang of pickpockets and sometime back on the complaint of the deceased, some of the pickpockets were arrested. To avenge that act of the deceased, these petitioners and other co-accused abducted the petitioner and thereafter all of them assaulted him and two of the accused have killed the deceased brutally.
7 . In these circumstances, I am not inclined to grant bail to the petitioners who have participated in the killing of the deceased after having conspired together even though coaccused person has been granted bail.
8 . This application stands dismissed.
9 . The court below is directed to expedite the trial
of the petitioners.
(Sandeep Kumar, J)
Shishir /-
U T
1 issue framed by the court
Should regular bail be granted to the petitioners, alleged unlawful assembly members in a Section 302/34 IPC murder case?
1 provisions across 1 enactments
Aman Kumar @ Rahul Raj
Mithun Raj @ Mithu Raj
The State of Bihar
Sandeep Kumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
