In this criminal miscellaneous matter, the Patna High Court rejected a petition seeking anticipatory bail. The petitioner alleged no specific case was made against him despite being named in an FIR involving assault and firing. The court declined to grant bail.
The petition for anticipatory bail is 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.25558 of 2020
Arising Out of PS. Case No.-110 Year-2020 Thana- PUPRI District- Sitamarhi
======================================================
MD. JAMAL @ MD. JAMAL RAHMAN Son of Md. Latifur Rahman Resident of Ward No.03, Jhajhihat, Janakpur Road, Pupri, Police StationPupri, District- Sitamarhi.
... ... Petitioner/s
Versus
THE STATE OF BIHAR
... ... Opposite Party/s
====================================================== Appearance : For the Petitioner/s : Mr.Ashok Kumar Garg, Advocate For the Opposite Party/s : Mrs.Sangeeta Sharma, APP ======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER
3 13-11-2020 Heard both sides through Video Conferencing.
The petitioner apprehends his arrest in Pupri P.S. Case No.110 of 2020 registered under Sections 341, 323, 504, 307, 447 and 34 of the Indian Penal Code and under Section 27 of the Arms Act.
The informant(Amir Hussain) alleged that after hearing some sound of noise, he went near a masjid and saw Md. Nehal assaulted his cousin, Md. Saukat with dabiya but the villagers caught Md. Nehal. Thereafter, Md. Nehal went to his house and after sometimes, Md. Nehal, Md. Nizam, Md. Kamal, Md. Jamal(the petitioner), Md. Naushad, Md. Ansar, Md. Asgar, Md. Angad, Md. Shahid, Md. Nasir, Md. Mustafa, Md. Raja and Mr. Hoda came to the house of his cousin. They abused and
Patna High Court CR. MISC. No.25558 of 2020(3) dt.13-11-2020 2/3
made firing. Thereafter, all the accused persons again entered into the house of the informant assaulted the informant and thereafter Md. Nizam made firing which hit on the abdomen of the informant.
The learned counsel for the petitioner submits that petitioner is of course named in the F.I.R. but no specific allegation is made against the petitioner. It was Md. Nizam who made firing on the informant. Even the informant in his further statement did not make any specific allegation against the petitioner but it appears from perusal of the case diary as well as the F.I.R. that firstly Md. Nehal assaulted Md. Saukat, the cousin of the informant and when the villagers caught Md. Nehal, all the accused persons went away. After sometimes they again having armed with different weapons came to the house of Md. Saukat and made indiscriminate firing. Thereafter the accused persons including the petitioner forcibly entered into the house of the informant, assaulted him with fist and slab and Md. Nizam fired causing injury on the abdomen of the informant.
It appears that petitioner and other accused persons are alleged to have entered into the house of the informant, assaulted him with fist and slap and only thereafter Md. Nizam
Patna High Court CR. MISC. No.25558 of 2020(3) dt.13-11-2020 3/3
fired causing firearm injury on the abdomen of the informant. The injury is grievous in nature.
Taking into consideration the facts aforesaid, I am not
inclined to enlarge the petitioner on anticipatory bail. Accordingly, the same is rejected.
(Prabhat Kumar Jha, J)
Saurabh/-
U T
2 issues framed by the court
Whether the petitioner is entitled to anticipatory bail in FIRNo. 110 of 2020.
Whether lack of specific accusation against the petitioner in FIR warrants release on anticipatory bail.
2 provisions across 2 enactments
Md. Jamal
The State of Bihar
Prabhat Kumar Jha
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
