This order disposes of an application for anticipatory bail in a criminal case involving mob assault. The bench rejected the plea, expressly considering the facts as stated by counsel.
Prayer for anticipatory bail was rejected. Petitioner directed to surrender to consider 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.74045 of 2018
Arising Out of PS. Case No.-104 Year-2015 Thana- RAHIKA District- Madhubani
======================================================
Sunny Kumar Son of Ramanilan Mishra Resident of Village: Lakshminagar Maharajganj, P.S. Nagar, District Madhubani.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
====================================================== Appearance : For the Petitioner/s : Mr.Md. Soban Asghar For the Opposite Party/s : Mr.Sri Sanjay Kumar Tiwary 1 ======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER
3 09-01-2019 Heard both sides.
Petitioner apprehends his arrest in Rahika P.S. Case No.104 of 2015 registered under Sections 147, 149, 341, 323, 353, 379, 427 and 504 of the Indian Penal Code.
The Panchayat Secretary of Rahika Panchayat alleged that while he was distributing Kerosene coupons amongst the villagers, the petitioner and others about 70 in numbers came inside the office, snatched coupons and assaulted the informant.
Learned counsel for the petitioner submits that no specific allegation is made against the petitioner. The petitioner has got no criminal antecedent but it appears that the petitioner without any rhyme and reason entered into the room of the Panchayat Secretary while he was distributing kerosene coupons along with the mob and assaulted the Panchayat Secretary and
Patna High Court Cr.Misc. No.74045 of 2018(3) dt.09-01-2019 2/2
others. It is a case of sheer attempt by a mob formed for unlawful purpose to intimidate the Panchayat Secretary who was discharging his official duty.
Considering the facts aforesaid, I am not inclined to enlarge the petitioner on anticipatory bail. Accordingly, the prayer for anticipatory bail of the petitioner is rejected.
If the petitioner surrenders in the court below, the learned court below shall consider the prayer for regular bail of the petitioner on its own merit without being prejudiced by this order.
(Prabhat Kumar Jha, J)
S.KUMAR/-
U T
2 issues framed by the court
Whether the petitioner be granted anticipatory bail in the PS. Case No.104 of 2015.
Whether the prayer for anticipatory bail requires the petitioner first to surrender.
Colour shows how this judgement treated each authority
Patna High Court Cr.Misc. No.74045 of 2018(3) dt.09-01-2019Referred¶15
1 provisions across 1 enactments
Sunny Kumar
The State of Bihar
Prabhat Kumar Jha
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
