The Patna High Court rejected an application for pre-arrest bail in a criminal case alleging assault. The court found allegations corroborated by injury reports and denied bail, though surrendering petitioners may seek fresh consideration.
Pre-arrest bail rejected; future bail application permissible upon surrender.
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.2737 of 2016
Arising Out of PS.Case No. -325 Year- 2015 Thana -SUPAUL District- SUPAUL ====================================================== 1. Md. Saddam @ Saddam Husain son of Md. Salahuddin 2. Md. Kamal son of Md. Majlum Both resident of village- Nunupatti, P.S.- Supaul, District- Supaul .... .... Petitioner Versus The State of Bihar .... .... Opposite Party ====================================================== Appearance : For the Petitioner/s : Mr. Manoj Kumar, Advocate For the Opposite Party/s : Mr. A.M.P.Mehta, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL ORDER
3 12-04-2016 Heard learned counsel for the petitioners and learned counsel for the State.
The petitioners seek pre-arrest bail in connection with Supaul P. S. Case No. 325 of 2015 registered under Sections 147, 148, 149, 341, 323, 324, 307, 337, 338 and 504 of the Indian Penal Code.
Regard being had to the allegations that the petitioners assaulted one Noor Mohammad and Abdul Gaffur with farsa and lathi and the injury report corroborates the allegations made in the FIR, I am not inclined to grant them prearrest bail. Accordingly, their application for grant of pre-arrest
Patna High Court Cr.Misc. No.2737 of 2016 (3) dt.12-04-2016
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bail is rejected.
However, in case the petitioners surrender and seek
bail, the same shall be considered on its own merit without being prejudiced in any manner by this order.
(Ashwani Kumar Singh, J.)
Kanchan/U T
2 issues framed by the court
Whether pre-arrest bail should be granted in a case involving allegations of assault.
Whether bail application is maintainable when allegations are corroborated by injury report and FIR.
Md. Saddam @ Saddam Husain
Md. Kamal
The State of Bihar
Ashwani Kumar Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
