The High Court discharged an oral order on an anticipatory bail petition. The petitioner, not named in the FIR at the time, claimed false implication. The court denied anticipatory bail but directed surrender for regular bail consideration.
Anticipatory bail denied; petitioner directed to surrender for consideration of regular bail.
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.4070 of 2018
Arising Out of PS.Case No. -83 Year- 2017 Thana -NARPATGANJ District- ARRARIA
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Md. Azaj @ Md. Md. Azaj S/o Md. Nasiruddin, R/o Village- Nathpur, P.S.Narpatganj, District- Araria.
.... .... Petitioner Versus The State of Bihar .... .... Opposite Party ====================================================== Appearance : For the Petitioner/s : Mr. Viveka Nandsingh For the Opposite Party/s : Mr. Sakir Ahmad
====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER
2 02-02-2018 Petitioner apprehends his arrest in connection with Narpatganj P.S.Case No. 83 of 2017 registered for the offences under Section 395 of the Indian Penal Code.
Petitioner is not named in the FIR and later on his name transpires during course of investigation.
Submission of learned counsel for the petitioner is that he has falsely been implicated in this case.
Heard learned APP also.
In the facts and circumstances, I am not inclined to grant anticipatory bail to the petitioner.
However, petitioner may surrender and pray for regular bail, which shall be considered on its own merit, without being prejudiced by this order.
(Vinod Kumar Sinha, J)
spal/-
U
2 issues framed by the court
Whether the petitioner is entitled to anticipatory bail in the FIR registration matter.
Whether the petitioner apprehends arrest in connection with the alleged offence under Section 395 of the IPC.
Md. Azaj @ Md. Md. Azaj
The State of Bihar
Vinod Kumar Sinha
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
