In a bail matter arising under a case of murder and grievous hurt, the High Court of Patna rejected the petitioners' prayer for anticipatory bail, citing the severity of the offences and the death of a family member.
Request for anticipatory bail was rejected.
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.16149 of 2020
Arising Out of PS. Case No.-128 Year-2019 Thana- KHANPURA District- Samastipur
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... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
====================================================== Appearance : For the Petitioner/s : Mr.Vinay Kumar Mishra For the Opposite Party/s : Mr.Ramchandra Singh
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
4 16-09-2020
This matter is taken up for consideration through Video Conferencing under the orders of Hon’ble the Chief Justice.
Heard counsel for the parties.
The petitioner apprehends his arrest in Khanpur P.S. Case No. 128 of 2019, registered for the offences punishable under Sections 147, 148, 149, 307, 323, 324, 341 of the Indian Penal Code. Later on, section 302 IPC was added.
Prosecution case in brief is that on 10.09.2019 at 4.00 pm, after attending Tazia, the informant along with her family returned to her home. All of a sudden, her neighbour Md. Akhtar, Md. Phul Hasan (petitioner), Farzan, Mokhtar, Md.
Patna High Court CR. MISC. No.16149 of 2020(4) dt.16-09-2020 2/2
Taiyab along with other accused persons having variously armed came at her house and assaulted her family members. Her father-in-law got severely injured in this incident. Later on, during course of treatment he died.
It is submitted on behalf of petitioners that petitioners have falsely been implicated in this case. There is general and omnibus allegation against him. The entire allegation is false and concocted. Petitioners have got no criminal antecedent.
Counsel for the informant vehemently opposed the prayer for bail and submitted that six family members have sustained multiple injuries and father-in-law of the informant died.
Considering the facts aforesaid and gravity of offence, I am not inclined to enlarge the petitioners above-named on anticipatory bail. Accordingly, the same is rejected.
(Prabhat Kumar Singh, J)
vinita/- U T
2 issues framed by the court
Whether the petitioners are entitled to anticipatory bail in a case involving a fatal assault and murder.
Whether the gravity of the offence and facts warrant granting bail.
2 provisions across 1 enactments
Phul Hasan @ Phool Hasan @ Phul Md. MIyan
Md. Mumtaj
The State of Bihar
Prabhat Kumar Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
