The Patna High Court rejected the petitioner's application for anticipatory bail in an offence involving assault and threat to life. The court directed that regular bail may be considered if the petitioner surrenders within four weeks.
Anticipatory bail rejected; regular bail conditionally allowed if petitioner surrenders within four weeks.
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Patna High Court Cr.Misc. No.5200 of 2016 (6) dt.01-08-2016
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.5200 of 2016
Arising Out of PS.Case No. -96 Year- 2015 Thana -NATHNAGAR District- BHAGALPUR ====================================================== 1. Rajesh Kumar @ Rajesh Yadav son of Late Ashu Yadav, resident of village- Goshaidaspur, P.S.- Nathnagar, District- Bhagalpur .... .... Petitioner/s Versus 1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Janki Nandan Prasad For the Opposite Party/s : Mr. Raj Kishor Singh (App) ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA MISHRA ORAL ORDER 6 01-08-2016 Heard learned counsel for the petitioner and learned counsel appearing on behalf of the State. The petitioner apprehends his arrest in connection with Nathnagar P.S. Case No. 96 of 2015 for the offences registered under Sections 341, 323, 307/34 of the Indian Penal Code and Section 27 of the Arms Act.
Earlier case dairy of the present case alongwith injury report of both JLNMCH and PMCH was called for, which has since been received.
After hearing learned counsel for the petitioner and on consideration of the case dairy as also two injury reports which have come before this Court, I am not inclined to grant anticipatory bail to the petitioner. It is, accordingly, rejected.
Patna High Court Cr.Misc. No.5200 of 2016 (6) dt.01-08-2016
However, if the petitioner surrenders and seeks regular bail within a period of four weeks, the Court below may consider the regular bail application of the petitioner without being prejudiced by the present order.
(Anjana Mishra, J)
Jagdish/U T
2 issues framed by the court
Whether anticipatory bail should be granted to the petitioner apprehending arrest.
Whether the petitioner may secure regular bail by surrendering within four weeks.
2 provisions across 2 enactments
Rajesh Kumar @ Rajesh Yadav
The State of Bihar
Anjana Mishra
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
