The Patna High Court refused to grant anticipatory bail to the petitioner in a criminal case involving an altercation. The court directed the petitioner to surrender and seek regular bail before the lower court.
Application for anticipatory bail dismissed; petitioner directed to surrender and seek regular bail from the lower court.
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. 31923 of 2014
Arising Out of PS.Case No. -189 Year- 2013 Thana -RAFIGANJ District- AURANGABAD
======================================================
1. Suresh Yadav Son of Ramji Yadav.
2. Bhola Yadav Son of Suresh Yadav
Both Resident of Village Chandaul, P.S. Raffiganj, District-
Aurangabad.
.... .... Petitioners
Versus
The State of Bihar
.... .... Opposite Party
======================================================
Appearance :
For the Petitioners : Mr.
For the Opposite Party : Mr.
=====================================================
CORAM: HONOURABLE MR. JUSTICE AHSANUDDIN
AMANULLAH
ORAL ORDER
3. 21.01.2015 Heard learned counsel for the petitioner no. 1
(with regard to whom the bail application now stands limited
in view of the order dated 03.12.2014) and learned A.P.P. for
the State.
The petitioner no.1 apprehends arrest in
Rafiganj P.S. Case No. 189 of 2013 dated 26.09.2013
instituted under Sections 147/148/149/341/323/325/307/
375/295A of the Indian Penal Code.
Learned counsel for the petitioner no.1
submits that there was scuffle between both sides and the
injuries are simple in nature.
Learned A.P.P. opposes the prayer for bail and
submits that the petitioner no. 1 has criminal antecedent and
since there is no counter case, the defence that the petitioner
was also assaulted prior to getting into scuffle with the
Patna High Court Cr.Misc. No.31923 of 2014 (3) dt.21-01-2015
2/2
informant is not borne out from the facts of the case.
In view of the aforesaid, the Court is not inclined to enlarge the petitioner no. 1 on anticipatory bail. He may surrender before the Court below and seek regular bail. The Court below shall consider the case on its own merits in view of the observations made in the order of the learned Sessions Judge, Aurangabad dated 28.06.2014 without being prejudiced by the fact that this Court has declined to grant anticipatory bail to petitioner no. 1.
Accordingly, the application stands disposed
off.
(Ahsanuddin Amanullah, J.)
Anand Kr.
U T
2 issues framed by the court
Whether the petitioner is eligible for anticipatory bail.
Whether the petitioner should be granted surrender and seek regular bail instead.
1 provisions across 1 enactments
Suresh Yadav
Bhola Yadav
State of Bihar
Ahsanuddin Amanullah
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
