Criminal Miscellaneous application for anticipatory bail dismissed. Court declined privilege citing grave assault charges and Supreme Court guidance, directing surrender within four weeks and promise to consider regular bail separately.
Application for anticipatory bail rejected; petitioner directed to surrender within four weeks.
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.6742 of 2016
Arising Out of PS.Case No. -653 Year- 2015 Thana -NAUBATPUR District- PATNA ====================================================== 1. Ram Balak Thakur S/o - Late Bulkan Thakur R/v - Cheshi, P.S. - Naubatpur, Distt. - Patna. .... .... Petitioner/s Versus 1. The State of Bihar. .... .... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Vijay Kumar Sinha For the Opposite Party/s : Mr. Dilip Kumar (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER
3 01-04-2016 Heard learned counsel for the petitioner and learned Additional Public Prosecutor appearing on behalf of the State. This application for grant of anticipatory arises out of Naubatpur Police Station Case No. 633 of 2015, disclosing offences under Sections 302/34 of the Indian Penal Code.
Since there is allegation of assault against the petitioner and offence alleged against the petitioner and other accused persons are grave, I am not inclined to grant the privilege of anticipatory bail in the light of Supreme Court’s decision in case of Jai Prakash Singh V. The State of Bihar & Anr., reported in (2012) 4 SCC 379 .
This application is, accordingly, rejected.
The petitioner is directed to surrender before the Court below within four weeks from today and seek regular bail, if so advised. If he does so, his application for regular bail shall be considered on its own merit, without being prejudiced by rejection of present application for
2
grant of anticipatory bail.
ArunKumar/-
U
(Chakradhari Sharan Singh, J)
1 issue framed by the court
Whether anticipatory bail should be granted in an assault case disclosing offences under Sections 302/34 IPC given grave allegations.
Colour shows how this judgement treated each authority
Jai Prakash Singh V. The State of Bihar & Anr.Applied¶5
Jai Prakash Singh V. The State of Bihar & Anr., (2012) 4 SCC 379 · Who else cites this
1 provisions across 1 enactments
Ram Balak Thakur
The State of Bihar
Chakradhari Sharan Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
