In a criminal miscellaneous matter, the Patna High Court considered a prayer for anticipatory bail. The single-judge bench rejected the petition, observing that given the manner of the offence and the regular bail of co-accused, the privilege of anticipatory bail was not warranted.
Prayer for anticipatory bail 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.48117 of 2016
Arising Out of PS.Case No. -490 Year- 2015 Thana -DIHRINAGAR District- SASARAM (ROHTAS)
====================================================== 1. BABU @ SUNIL Son of Late Ram Bilash Singh Resident of MohallaShivganj, P.S.- Dehri (T) District- Rohtas, Bihar.
.... .... Petitioner/s Versus 1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Rajesh Kumar Singh For the Opposite Party/s : None ====================================================== CORAM: HONOURABLE MR. JUSTICE KISHORE KUMAR MANDAL ORAL ORDER
2 15-12-2016 Heard the Counsel for the petitioner. No one has appeared
for the State.
Petitioner is named accused of Dehri (T) P.S. Case No. 490 of 2015 registered under sections 341, 323, 332, 353, 307, 379, 504 and 34 of the Indian Penal Code.
The informant alleged that while he was going on road, several young accused persons riding on motorcycle started harassing the girl moving on the road which was protested by him which enraged them whereafter all of them reached at his house and started raising hulla and threatened the informant whereafter another person came and intervened when they started assaulting them and also resorted to firings. The informant was also assaulted by the accused persons. The Police arrived at the scene and arrested one accused who disclosed the name of the petitioner and
Patna High Court Cr.Misc. No.48117 of 2016 (2) dt.15-12-2016
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others as the persons who had assembled and involved in the marpit .
Looking to the manner in which the occurrence has been committed as also the fact that co-accused, similarly placed, has been arrested and was granted regular bail, I am not inclined to grant the privilege of anticipatory bail. Prayer is rejected.
(Kishore Kumar Mandal, J)
Pankaj/-
U T
2 issues framed by the court
Whether anticipatory bail should be granted to the petitioner in the public sector case.
Whether the claim of anticipatory bail warrants rejection given the circumstances of the arrest and bail of co-accused.
BABU @ SUNIL
The State of Bihar
Kishore Kumar Mandal
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
