Patna High Court - Orders
Basawan Thakur vs The State Of Bihar on 23 September, 2014
Author: Rakesh Kumar
Bench: Rakesh Kumar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.21120 of 2014
Arising Out of PS.Case No. -333 Year- 2013 Thana -HAJIPUR SADAR District-
VAISHALI(HAJIPUR)
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Ranjeet Pandey son of Late Nageshwar Pandey resident of village -
Chandralaya, P.S. Sadar Hajipur, District - Vaishali
.... .... Petitioner/s
Versus
The State of Bihar
.... .... Opposite Party/s
======================================================
with
Criminal Miscellaneous No.22026 of 2014
Arising Out of PS.Case No. -333 Year- 2013 Thana -HAJIPUR SADAR District-
VAISHALI(HAJIPUR)
======================================================
Daya Shankar Pandey Son of Ram Naresh Pandey Resident of Village -
Chandralaya, P.S.- Hajipur Sadar, District - Vaishali
.... .... Petitioner/s
Versus
The State of Bihar
.... .... Opposite Party/s
======================================================
with
Criminal Miscellaneous No.38221 of 2014
Arising Out of PS.Case No. -333 Year- 2013 Thana -HAJIPUR SADAR District-
VAISHALI(HAJIPUR)
======================================================
Basawan Thakur Son of Late Vidanath Thakur Resident of village-
Chandralay, Police Station- Hajipur Sadar, District- Hajipur at Vaishali.
.... .... Petitioner/s
Versus
The State of Bihar
.... .... Opposite Party/s
======================================================
Appearance :
(In Cr.Misc. No.21120 of 2014)
For the Petitioner/s : Mr. Malay Kumar Choudhary
For the Opposite Party/s : Mr. Rana Randhir Singh (App)
(In Cr.Misc. No.22026 of 2014)
For the Petitioner/s : Mr. Dhananjay Prasad
For the Opposite Party/s : Mr. Amrendra Pd.(App)
(In Cr.Misc. No.38221 of 2014)
For the Petitioner/s : Mr. Birendra Kumar Singh
Patna High Court Cr.Misc. No.21120 of 2014 (3) dt.23-09-2014
2/3
For the Opposite Party/s : Mr. Upendra Kumar(App)
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CORAM: HONOURABLE MR. JUSTICE RAKESH KUMAR
ORAL ORDER
3 23-09-2014Aforesaid three petitions were heard together keeping in view the fact that petitioners in aforesaid three cases are accused and in custody in Sadar Hajipur P.S. Case No. 333 of 2013 registered for the offence under Sections 302/ 34 of the Indian Penal Code and are being disposed of by this common order.
Learned counsel for petitioners pressing the bail petitions submit that during investigation number of witnesses were examined and they have made contradictory statement, and as such, according to learned counsel for petitioners it is a fit case for extending the privilege of bail.
Sri Rana Randhir Singh, Sri Amrendra Prasad and Sri Upendra Kumar, learned Additional Public Prosecutors, who have appeared in aforesaid cases respectively, have vehemently opposed the prayer for bail.
It was submitted by learned Additional Public Prosecutors that in the F.I.R. itself the informant has stated that she was informed by her husband in injured condition that aforesaid petitioners and one another had brutally assaulted him due to some dispute pertaining to land. The injured was carried, Patna High Court Cr.Misc. No.21120 of 2014 (3) dt.23-09-2014 3/3 subsequently he died. It has been argued that since F.I.R. is based on information of the injured, who subsequently died, petitioners do not deserve the privilege of bail.
Besides hearing, I have also perused the materials available on record.
In view of the facts and circumstances, the court is not inclined to extend the privilege of bail to petitioners for the present.
(Rakesh Kumar, J) Praful/-
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