The Patna High Court rejected an application for anticipatory bail filed by Panchanand Choupal in a case involving molestation and affray. The court found the petitioner played an active role and was not persuaded to grant bail privilege.
Application for anticipatory bail rejected.
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IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.54466 of 2016
Arising Out of PS.Case No. -138 Year- 2016 Thana -CHHATAPUR District- SUPAUL
====================================================== Panchanand Choupal S/o Ram Narayan Choupal a resident of village - Kathi, p.s. - Chhatapur, District - Supaul.
.... .... Petitioner/s Versus The State of Bihar. .... .... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Kamal Kishore Singh For the Opposite Party/s : Mr. Sri Ashok Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE KISHORE KUMAR MANDAL ORAL ORDER
2 22-12-2016 Heard the counsel for the petitioner and Mr. Ashok Kumar, APP for the State.
Apprehending his arrest in Chhatapur P.S. Case No. 138 of 2016/Rajeshwary O.P. registered under sections 379 and 354 IPC as well as diverse penal provisions of the Arms Act, the petitioner has filed the present application for grant of anticipatory bail.
It is alleged that on the date of occurrence, all the accused persons, including the petitioners, armed with weapons, entered into the house of the informant, molested the female members, ransacked the house and made attempt to drive them out of the house. When the villagers assembled, it is alleged the petitioner also scuffled with them. Injuries have been caused to several
Patna High Court Cr.Misc. No.54466 of 2016 (2) dt.22-12-2016
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persons.
It is submitted that the petitioner has been only given the role of the order-giver. Owing to a land dispute, the present case has been lodged. There is no serious injury suffered by any of the injureds.
Learned APP, on the other hand, on going through the FIR, pointed out that the petitioner had active role to play in commission of crime.
Considering the allegations and materials reflected from the records, I am not persuaded to extend the petitioner the privilege of anticipatory bail. Prayer is accordingly rejected.
(Kishore Kumar Mandal, J)
HR/-
U T
1 issue framed by the court
Whether anticipatory bail should be granted to the petitioner accused in a case involving molestation, ransacking, and affray.
Panchanand Choupal
The State of Bihar
Kishore Kumar Mandal
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
