In a criminal miscellaneous application for anticipatory bail, the court rejected the prayer. It held that allegations of firing and continuous evasion of law precluded the grant of relief despite the petitioner's claims regarding delay and lack of injury report.
The prayer for anticipatory bail is rejected.
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.24941 of 2016
Arising Out of PS.Case No. -220 Year- 2010 Thana -BAKHRI District- BEGUSARAI ====================================================== Ranjit Sahni, Son of late Jaddu Sahni, Resident of Village- Sekha Tola, Ekamba, P.S.- Khodawandpur, District Begusarai. .... .... Petitioner Versus The State of Bihar .... .... Opposite Party ====================================================== Appearance : For the Petitioner : Mr. Sandip Kumar Gautam, Advocate For the Opposite Party : Mr. S. Eheteshamuddin (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE KISHORE KUMAR MANDAL ORAL ORDER
4 26-08-2016 Heard the counsel for the petitioner and Mr. S. Eheteshamuddin, APP for the State.
The petitioner apprehends his arrest in Bakhari P.S. Case No. 220 of 2010 registered under Sections 448,341 and 307 of the Indian Penal Code and Section 27 of the Arms Act.
The case was lodged in the year 2010 alleging that while the informant was at his home, the petitioner arrived and fired at him. He escaped the firing, which however hit his daughter on the right knee.
The contention of the petitioner is that there is no injury report in respect of the injured who is the daughter of the informant. The FIR was lodged after delay of nine days. Out of animosity, the petitioner has been named who is related to the
Patna High Court Cr.Misc. No.24941 of 2016 (4) dt.26-08-2016
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informant.
Learned APP opposed the prayer and contended that the allegations do constitute offence under Section 307 of the Indian Penal Code as he has the intention to kill the informant. Nearly six years after the occurrence, the petitioner has filed the present anticipatory bail application.
Considering the allegations made in the First Information Report, attributing him firing as also the fact that the petitioner continued to evade the process of law, I am not inclined to extend the privilege of anticipatory bail to the petitioner.
The prayer is rejected.
(Kishore Kumar Mandal, J.)
ravi/U T
2 issues framed by the court
Question whether the petitioner is entitled to anticipatory bail in prosecution for attempted murder and other offences.
Whether delay in FIR and absence of medical report forms a sufficient ground to grant anticipatory bail in a serious offence.
Ranjit Sahni
The State of Bihar
Kishore Kumar Mandal
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
