SC raps Patna HC for granting bail to murder accused
One-liner: The Supreme Court has rapped the Patna HC for granting bail without assigning any reason and set it aside directing the murder accused to surrender back to jail, saying the order was passed in a most perfunctory manner.
Crux of the matter: A bench, in the verdict passed on Monday, referred to the bail order of the HC and took note of the fact that it neither contained reasons nor the vehement submissions with regard to the criminal antecedent of the accused.
- It appears the HC has erred in not considering the material relevant to the determination of whether the accused was to be enlarged on bail, it said
Need to know: Referring to the legal principles laid down in past judgments, it said that the bail order did not consider the fact that the accused is a history-sheeter and is having a criminal antecedent and is involved in a double murder.
- The bail is absolutely unsustainable and the same can't stand. The HC has not at all considered the gravity, nature and seriousness of the offences alleged, it held
Background: The verdict came on the plea of the affected person Sunil Kumar seeking cancellation of bail granted to Ramawatar Bhagat accused of killing his elder brother Shardanand Bhagat in 2020 in Vaishali district in Bihar.