In this anticipatory bail petition, the High Court rejected the prayer. The Court held that since the petitioners acted with knowledge that their act might cause death, anticipatory bail could not be granted in the pending case regarding alleged hurt and assault.
The prayer for anticipatory bail is 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.5222 of 2017
Arising Out of PS.Case No. -225 Year- 2016 Thana -CHHATAPUR District- SUPAUL
.... .... Petitioner/s Versus 1. The State of Bihar. .... .... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Arun, Advocate For the Opposite Party/s : Mr. Abhay Kumar Roy, APP
CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER
The Petitioners are apprehending their arrest in a case registered for the offences punishable under Sections 147/148/149/342/323/324 of the Indian Penal Code.
Petitioners allegedly caused injury at the head of the informant with farsa. The doctor has found lacerated wound on the head of the informant caused by hard and blunt substance.
Since the petitioners had knowledge that their act might cause death, hence, I am not inclined to grant anticipatory bail to the petitioner in connection with Chhatapur Police Station Case No. 225 of 2016 pending in the Court of learned Additional Chief
Patna High Court Cr.Misc. No.5222 of 2017 (2) dt.03-03-2017
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Judicial Magistrate-II, Supaul/Successor Court.
Accordingly, the prayer for anticipatory bail is rejected.
(Birendra Kumar, J) Mkr./-
U T
1 issue framed by the court
Whether the petitioners are entitled to anticipatory bail in a case involving allegedly culpable homicide not amounting to murder?
UPENDRA YADV
LALAN YADV @ RAGHAW KUMAR YADV
THE STATE OF BIHAR
BIRENDRA KUMAR
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
