The Patna High Court rejected the petitioner's plea for anticipatory bail in a series of criminal cases including sections 307 and 379 IPC, directing surrender for regular bail consideration instead.
Petitioner directed to surrender before court below within six weeks for regular bail consideration on its own. Application disposed.
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.22356 of 2019
Arising Out of PS. Case No.-253 Year-2018 Thana- MAHUA District- Vaishali
======================================================
GANESH KUMAR SINGH @ GANESH SINGH Son of Baidnath Singh Resident of Sadar Madhopur, Police Station- Mahua, District- Vaishali.
... ... Petitioner/s
Versus
The State of Bihar Bihar
... ... Opposite Party/s
====================================================== Appearance : For the Petitioner/s : Mr.Anuj Kumar For the Opposite Party/s : Mr.Chandra Bhushan Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER
2 08-04-2019 Heard the parties.
The petitioner is apprehending his arrest in connection with Mahua P.S.Case no.253 of 2018 dated 2.9.2018 registered for offences punishable under Sections 341, 323, 324, 504, 307, 379/34 of the Indian Penal Code.
Allegation as per FIR is that while the informant was
sitting at his Darwaza , Aditya Kumar @ Bittoo and Arvind Singh came at his Darwaza and took him to the Gayatri Chimani where the petitioner and other accused persons were sitting from before and the petitioner told that the person has come and thereafter Chandan asked to Bhupesh Singh to fire at him on that Bhupesh Singh fired causing injury at his abdomen and on hulla several persons assembled there and it is also alleged that they have snatched away chain of Rs.60,000/-
Patna High Court CR. MISC. No.22356 of 2019(2) dt.08-04-2019 2/2
and Rs.1,500/- in cash.
Submission of the learned counsel for the petitioner is that he is neither order-giver nor he has fired upon the injured.
Heard learned A.P.P. who has opposed the prayer for bail on the ground that the FIR itself shows that all the accused persons having common object fired at the informant. .
Having heard both sides and in view of the facts and circumstances, as stated above, I am not inclined to grant anticipatory bail to the petitioner, however, the petitioner is directed to surrender before the learned court below within a period of six weeks from the date of order and make prayer for regular bail, which will be considered by the learned court below on its own without being prejudiced by the order of this Court and if possible to be disposed of on the same day.
With the aforesaid observation, this application is disposed of.
(Vinod Kumar Sinha, J)
chn/-
U T
1 issue framed by the court
Whether anticipatory bail should be granted to the petitioner apprehending arrest under Sections 341, 323, 324, 504, 307, 379/34 IPC in PS Case no. 253 of 2018.
Ganesh Kumar Singh @ Ganesh Singh
The State of Bihar
Vinod Kumar Sinha
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
