Single judge order dismissing an application for anticipatory bail. The court declined to grant bail citing injuries on the deceased, directing the petitioner to surrender for regular bail consideration.
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.58158 of 2019
Arising Out of PS. Case No.-7 Year-2019 Thana- SHEIKHOPUR SARAI DistrictSheikhpura
======================================================
SHANKAR CHAUDHARY Son of Manoj Chaudhary @ Manoj Kumar Resident of Village - Bahikata, Madarichak, Bardhanapur, P.S.- Jayrampur, Dist.- Sheikhpura.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr.Pramod Kumar Sinha For the Opposite Party/s : Mr.Vinod Shanker Modi ======================================================
CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER
3 17-10-2019 Petitioner seeks bail in anticipation of his arrest in connection with Sheikhopur Sarai P.S. Case No. 07 of 2019 registered for the offences punishable under Sections 147, 148, 149, 302 and 120B of the Indian Penal Code.
As per FIR the accused persons, including the petitioner have assaulted the deceased, due to which he died.
Submission of learned counsel for the petitioner is that as a matter of fact the deceased met with an accident, due to which he died and petitioner has falsely been implicated.
Heard learned APP, who has opposed the prayer for anticipatory bail on the ground that four injuries were found on the person of deceased, due to which he died.
In view of above facts and circumstances, I am not
Patna High Court CR. MISC. No.58158 of 2019(3) dt.17-10-2019 2/2
inclined to grant the privilege of anticipatory bail to the petitioner. He may surrender and pray for regular bail, which shall be considered on its own merit, without being prejudiced by this order.
This application is, accordingly, dismissed.
(Vinod Kumar Sinha, J)
spal/-
U T
2 issues framed by the court
Whether anticipatory bail should be granted to the petitioner facing charges under Sections 147, 148, 149, 302 of IPC.
Whether the petitioner's claim that the deceased met with an accident justifies the privilege of anticipatory bail.
SHANKAR CHAUDHARY
The State of Bihar
VINOD KUMAR SINHA
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
