High Court Orders explicitly reject anticipatory bail applications filed by accused in PS Case No. 64/2014. The case involves allegations of assault and vehicle damage against an informant who failed to disclose the source of his identity regarding the incident.
Petition for anticipatory bail rejected and dismissed.
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.5055 of 2015
Arising Out of PS.Case No. -64 Year- 2014 Thana -HABIBPUR District- BHAGALPUR ====================================================== 1. Manoj Paswan son of Bholti Paswan 2. Parmanand Paswan son of Karu Paswan 3. Umesh Paswan son of Khusru Paswan All resident of Village - Daudbat, P.S. Habibpur, District - Bhagalpur. .... .... Petitioner/s Versus 1. The State of Bihar. .... .... Opposite Party/s ====================================================== with Criminal Miscellaneous No.7295 of 2015 Arising Out of PS.Case No. -64 Year- 2014 Thana -HABIBPUR District- BHAGALPUR ====================================================== 1. Rahul Ghosh Son of Bihari Ghosh, Resident of Village - Daudbat, P.S. - Habibpur, District - Bhagalpur.
.... .... Petitioner/s Versus 1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance : (In Cr.Misc. No.5055 of 2015) For the Petitioner/s : Mr. Janki Nandan Prasad, Advocate. For the Opposite Party/s : Mr. Md.Arif(App) (In Cr.Misc. No.7295 of 2015) For the Petitioner/s : Mr. Janki Nandan Prasad, Advocate. For the Opposite Party/s : Mr. Shailendra Kr.Singh(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 3 10-03-2015 Heard both sides. The petitioners apprehend their arrest in Habibpur P.S. Case No. 64 of 2014, registered for the offences punishable under Section 307 and other Sections of the Indian Penal Code and Section 27 of the Arms Act.
Patna High Court Cr.Misc. No.5055 of 2015 (3) dt.10-03-2015
2/2
The informant alleged that while he was going on his car many persons surrounded him and assaulted the informant and also damaged the vehicle of the informant. Belongings of the informant were also snatched.
Learned counsel for the petitioners submits that a child was killed in a motor accident for which Habibpur P.S. Case No. 62 of 2014 was registered. The villagers had blocked the road. The informant named the petitioners, but did not disclose the source of identity. The mob pelted stones and assaulted the informant. The informant got simple injuries.
It appears that the petitioner was a passer-by and he was passing through the road on a vehicle, but the petitioners along with other accused persons assaulted the informant and also badly damaged his vehicle.
Considering the facts aforesaid, I am not inclined to enlarge the petitioner on anticipatory bail. Accordingly, the same is rejected.
(Prabhat Kumar Jha, J.)
KKSINHA/-
U T
2 issues framed by the court
Whether the petitioners is entitled to anticipatory bail in an investigation arising from assault on an informant and vehicular damage.
Whether the Pfhozana material is verifiable given the informant did not disclose the source of identity.
2 provisions across 2 enactments
Manoj Paswan
Parmanand Paswan
Umesh Paswan
The State of Bihar
Rahul Ghosh
The State of Bihar
Prabhat Kumar Jha
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
