In a criminal miscellaneous matter, the petitioner prayed for anticipatory bail in a murder case involving death by assault with a firearm. The High Court, after hearing the public prosecutor, rejected the prayer for anticipatory bail, holding that the incident was pre-planned.
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.25936 of 2016
Arising Out of PS.Case No. -175 Year- 2016 Thana -UDWANTNAGAR District- BHOJPUR ====================================================== 1. Dharmendra Kumar son of Awadh Ram 2. Mukesh Kumar Son of Kanhaiya Ram both resident of village Dariyapur, P.S. Udwantnagar, Dist.-Bhojpur at Ara ( Bihar). .... .... Petitioner/s Versus 1. The State of Bihar. .... .... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Manoj Kumar, Adv. For the Opposite Party/s : Mr. M. Dayal, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE KISHORE KUMAR MANDAL ORAL ORDER 2 11-07-2016 Heard the counsel for the petitioners and Mr. M. Dayal APP for the State. The two petitioners apprehend their arrest in connection with Udwant Nagar P.S case no. 175 of 2016 registered under Sections 302/34 of the IPC and Section 27 of the Arms Act. Few accuseds came and took the son of the informant on certain plea to a place where the petitioners and others had congregated. It is alleged that he was assaulted there, as a result whereof, he died.
Contention of the petitioners is that they are not armed with any fire arm. The deceased received fire arm injury
Patna High Court Cr.Misc. No.25936 of 2016 (2) dt.11-07-2016
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which resulted in his death. The petitioners deserve the privilege of anticipatory bail.
Learned APP opposed the prayer and contended that the occurrence was given effect to in a pre-planned manner in which everyone had a role to play.
Be that as it may, in the facts and circumstances of the case, I am not inclined to extend them the privilege of anticipatory bail. Prayer is rejected.
(Kishore Kumar Mandal, J)
Shyam/U T
1 issue framed by the court
Whether anticipatory bail should be granted to the petitioners in a murder case involving death by firearm injury during a confrontation.
Dharmendra Kumar
Mukesh Kumar
The State of Bihar
KISHORE KUMAR MANDAL
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
