The High Court of Judicature at Patna refused anticipatory bail to the applicant in an FIR alleging murder. The court allowed surrender for regular bail consideration later, dismissing the current application with costs.
Anticipatory bail refused; surrender for regular bail prayer to be considered in future.
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.60321 of 2019
Arising Out of PS. Case No.-267 Year-2018 Thana- DEEPNAGAR District- Nalanda
======================================================
SURENDRA YADAV Son of Late Lukhadi Yadav Resident of VillageMadhrasarai (Neemtal), P.S.-Deep Nagar, District-Nalanda.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr.Rajiv Nayan For the Opposite Party/s : Mr.Dilip Kumar No. 1 ======================================================
CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER
6 17-12-2019 Petitioner seeks bail in anticipation of his arrest in
connection with Deep Nagar P.S. Case No. 267 of 2018 registered for the offences punishable under Sections 302/34 of the Indian Penal Code and Section 27 of the Arms Act.
As per FIR one Upendra Yadav and Satish Yadav fired on the Gotni of the informant, causing injury to her and thereafter three other accused persons, including the petitioner also fired on her Gotni, causing injury to her and later on she succumbed to the injuries.
Submission of learned counsel for the petitioner is that after conclusion of trial Upendra Yadav and Ashok Kumar have been acquitted, which will appear from Annexure-3 in which informant has not supported the allegation and petitioner is 70 years old.
Patna High Court CR. MISC. No.60321 of 2019(6) dt.17-12-2019 2/2
Heard learned APP, who has opposed the prayer for anticipatory bail of the petitioner on the ground that there is allegation against the petitioner also of firing and post mortem report shows several firearm injuries over the dead body of the deceased.
In view of above facts and circumstances, I am not inclined to grant the privilege of anticipatory bail to the petitioner. However, if petitioner surrenders and prays for regular bail, the same shall be considered on its own merit, without being prejudiced by this order.
Accordingly, this application is dismissed.
(Vinod Kumar Sinha, J)
spal/-
U T
1 issue framed by the court
Whether the applicant is entitled to anticipatory bail in an FIR alleging murder and offences under the Arms Act?
2 provisions across 2 enactments
Surender Yadav
The State of Bihar
Vinod Kumar Sinha
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
