The Patna High Court refused anticipatory bail to petitioners apprehending arrest for offences including murder and assault. The Court suggested surrender for regular bail considerations.
Anticipatory bail refused; petitioners directed to surrender for regular bail considerations.
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Patna High Court Cr.Misc. No.43883 of 2014 (3) dt.15-04-2015
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.43883 of 2014
Arising Out of PS.Case No. -33 Year- 2014 Thana -WARISNAGAR District- SAMASTIPUR ====================================================== 1. Shambhu Sah Son of Yadunandan Sah Resident of Village - Darsoor, P.S. - Warisnagar, Distt. - Samastipur 2. Lalijee @ Laljee Sah Son of Yadunanda Sah Resident of Village - Darsoor, P.S. - Warisnagar, Distt. - Samastipur .... .... Petitioners Versus 1. The State of Bihar .... .... Opposite Party. ====================================================== Appearance : For the Petitioner : Mr. Saroj Kumar, Advocate. For the State : Mr. Madhuranand Jha, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE GOPAL PRASAD ORAL ORDER 3 15-04-2015 Heard learned counsel for the petitioners and learned counsel for the State. The petitioners are apprehending their arrest in connection with Warisnagar P.S. Case No. 33 of 2014, registered under Sections 341, 323, 324, 354 and 302/34 of the Indian Penal Code. There is specific allegation of assault by the petitioners and others on the person of the informant and his wife. However, injury report shows loose neck and fracture cervical no. (2) i.e. C2 vertribra and cause of death due to asphyxia rotation of neck by hard and blunt substance resulting cardio respiratory failure. Having regard to the facts and circumstances of the case, I am not inclined to grant anticipatory bail to the petitioners. However, if the petitioners may surrender and pray for regular bail then trial court shall take into consideration on its own merit without being prejudice by the order.
p. (Gopal Prasad, J)
U T
1 issue framed by the court
Whether anticipatory bail should be granted to the petitioners in the facts of the case.
1 provisions across 1 enactments
Shambhu Sah
Lalijee
The State of Bihar
Gopal Prasad
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
