Petitioner challenged arrest in murder/armed offence case seeking anticipatory bail. Court dismissed petition due to accused nature and gravity of offence (302, 307 IPC, Arms Act).
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.39257 of 2019
Arising Out of PS. Case No.-342 Year-2018 Thana- AMARPUR DistrictBanka
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UPENDRA MANDAL, aged about 23 years, male, Son of Gujru Mandal @ Garaju Chauhan, Resident of Village- Bachhani, At present Resident of Village- Kujra, P.S.- Amarpur, District- Banka.
... ... Petitioner
Versus
The State of Bihar
... ... Opposite Party
====================================================== Appearance : For the Petitioner : Mr. Md. Nurul Hoda, Advocate. For the Opposite Party: APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER
2 02-07-2019
Heard learned counsel for the petitioner and learned
APP for the State.
Patna High Court CR. MISC. No.39257 of 2019(2) dt.02-07-2019 2/2
Kumar. A perusal of the F.I.R. discloses that the petitioner along with other co-accused persons armed with country made pistol and rifles surrounded the informant and his father and resorted to fire resulting in death of the informant’s father. When the informant started running away, other co-accused persons including Jitendra Kumar are said to have fired causing injury on the leg of the informant which was however found to be not supported by the injury report which showed lacerated wound caused by hard blunt substance of simple nature.
(Vikash Jain, J)
Ibrar//-
U T
2 issues framed by the court
Whether anticipatory bail should be granted to the petitioner accused of murder and armed offence.
Whether the petitioner's clean antecedents and similarity with a co-accused granted bail are sufficient grounds for relief.
Upendra Mandal
The State of Bihar
Vikash Jain
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
