In a petition for anticipatory bail regarding charges including murder, waging of war, and cheating, the High Court of Judicature at Patna refused the prayer, rejecting the plea that no eye witness supported the informant's statement.
Prayer for anticipatory bail is refused and dismissed.
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.55430 of 2016
Arising Out of PS.Case No. -81 Year- 2016 Thana -THARTHARI District- NALANDA
(BIHARSHARIFF)
====================================================== 1. Ajay Prasad, son of kailash Prasad, resident of village- Tribhuwan Bigha, P.S.- Tharthari, District- Nalanda .... Petitioner Versus 1. The State of Bihar .... Opposite Party ====================================================== Appearance : For the Petitioner : Mr. Sidhendra Narayan Singh, Adv. For the Opposite Party : Mr. Sunil Kumar Pandey, APP 141
====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER
Heard the learned counsel for the petitioner and the State.
3 09-02-2017
This is a petition for grant of anticipatory bail for offence under Sections 147, 148, 149, 504, 323, 324, 307 and 302 of the Indian Penal Code and 27 of the Arms Act.
According to first information report, the petitioner fired with rifle causing injury at the chest of Kameshwar Prasad, who succumbed to injury.
Submission of the petitioner is that the perusal of the case diary would reveal that no eye witness supported the statement of the informant rather evidence came that for dispute relating to cutting of ridge firing and counter firing took place and both sides sustained fire arm injury. However, no specific allegation had been levelled by any other witness that firing of this petitioner has caused death of Kameshwar Prasad.
Considering the aforesaid material, I am not inclined to grant anticipatory bail to the petitioner.
The prayer for anticipatory bail is refused .
(Birendra Kumar, J)
SA/-
U √ T √
2 issues framed by the court
Whether anticipatory bail should be granted to the petitioner charged with causing death in a firing incident?
Whether lack of specific eyewitness allegation regarding the petitioner's firing causing death warrants a grant of bail?
2 provisions across 2 enactments
Ajay Prasad
The State of Bihar
Birendra Kumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
