The Patna High Court rejected a petition for anticipatory bail filed by two accused facing murder charges. The court found the case unfit for anticipatory bail due to the nature of the assault and injuries sustained by the victim.
Prayer for anticipatory bail rejected. Petitioners directed to surrender and seek 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.40769 of 2017
Arising Out of PS.Case No. -190 Year- 2016 Thana -AMNAUR District- SARAN
======================================================
.... .... Petitioner/s
Versus
.... .... Opposite Party/s
====================================================== Appearance : For the Petitioner/s : Mr. Yogendra Prasad, Advocate For the Opposite Party/s : Mr. Binod Kumar 3, APP
====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER
8/ 08-02-2018 Heard learned counsel for the petitioners and learned APP for the State.
Petitioners apprehend their arrest in Amnour P.S. Case No.190 of 2016 instituted for the offence under Section(s) 147,148, 149, 302 Indian Penal Code pending in the Court of the
Additional Chief Judicial Magistrate, 5th , Saran at Chapra.
Allegation against the petitioners is that they along with other accused brutally assaulted the father of the informant with deadly weapons on account of which he died.
Counsel for the petitioners has submitted that there is no specific allegation against the petitioners. There is general and omnibus allegation against the petitioners.
Case diary has been received. Post mortem report of
Patna High Court Cr.Misc. No.40769 of 2017 (8) dt.08-02-2018
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the deceased is available in the case diary. As per post mortem report, the deceased received as many as eight injuries
In such circumstances, this Court does not find it a
fit case for grant of anticipatory bail.
Prayer of the petitioners for grant of anticipatory bail is rejected.
Petitioners may surrender before the Court below and seek regular bail, which shall be considered and disposed off in accordance with law without being prejudiced by this order, if possible, on the same day.
(Sanjay Priya, J)
JA/-
U T
2 issues framed by the court
Whether an order rejecting anticipatory bail can be where the accused faces grave charges of murder and general allegations are made without specific involvement.
Whether the presence of injuries received by the victim and omnibus allegations debar the grant of anticipatory bail.
1 provisions across 1 enactments
Shiv Nath Rai
Baban Rai
The State of Bihar
Sanjay Priya
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
