In an anticipatory bail application, the Patna High Court denied bail to the petitioner facing charges under Sections 341, 307, 34 of the IPC and Section 27 of the Arms Act, directing him to seek regular bail from the trial court.
Petitioner denied anticipatory bail and directed to surrender and seek regular bail from the trial 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.12931 of 2016
Arising Out of PS.Case No. -13 Year- 2016 Thana -MAUZAHIDPUR District- BHAGALPUR ====================================================== 1. Ram Kuber Sharma Son of Anandi Sharma resident of village - Mohammadabad, P.S. Mojahidpur ( Babarganj ), Distt. - Bhagalpur .... .... Petitioner/s Versus 1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Rajeev Ranjan For the Opposite Party/s : Mr. Anusaiya Jaiswal(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE KISHORE KUMAR MANDAL ORAL ORDER 2 07-04-2016 Heard the Counsel for the petitioner and the APP for the State. Petitioner is facing accusations punishable under Sections 341, 307 and 34 of the Indian Penal Code and Section 27 of the Arms Act vide Mojahidpur (Babarganj) P.S. Case No 13 of 2016.
In the late evening, it is alleged that the petitioner called the informant/victim and summoned. He went to meet him. While they were talking, two persons allegedly started firing. He made attempt to flee away from the said place.
Contention of the petitioner is that no overt act is assigned to him. He is entitled to the privilege of anticipatory bail. Petitioner, like the informant, deals in property.
Mr. Dayal, APP states that on going through the F.I.R., it appears that he has made conspiracy in the case.
Patna High Court Cr.Misc. No.12931 of 2016 (2) dt.07-04-2016
2/2
Considering the facts and circumstances of the case, I am not inclined to extend the privilege of anticipatory bail to the petitioner. He should surrender and seek regular bail in the Court below itself.
The application stands disposed of.
(Kishore Kumar Mandal, J)
Pankaj/-
U T
2 issues framed by the court
Whether the petitioner is entitled to be granted anticipatory bail in the present case.
Whether the petitioner should surrender and seek regular bail in the trial court.
Ram Kuber Sharma
The State of Bihar
Kishore Kumar Mandal
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
