The Patna High Court dismissed an appeal challenging the rejection of anticipatory bail. The court held that being a group member who assaulted an informant during illegal activities made the appellant unfit for bail under Sections 302/307 IPC and other special laws.
Anticipatory bail was rejected; the appeal against this rejection was dismissed.
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 APPEAL (SJ) No.1644 of 2021
Arising Out of PS. Case No.-320 Year-2018 Thana- BAHADURPUR District- Patna
======================================================
Avinash Kumar S/O Sunil Mishra R/O Driver Hut, P.D. Mandu, District Ramgarh, Jharkhand
... ... Appellant/s
Versus
The State of Bihar ... ... Respondent/s ====================================================== Appearance : For the Appellant : Mr.Anjani Kumar Jha, Advocate For the Respondent : Mrs. Usha Kumari No.1, APP ======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER
The appellant apprehends his arrest in connection with Bahadurpur P.S. Case No.320 of 2018 (Special Case No. 591 of 2018) registered for the offences under Sections 307, 302/34 of the Indian Penal Code; Section 27 of the Arms Act and Section 3(2)(v) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act.
In view of the fact that the appellant is a member of group, who have assaulted the informant when he objected to their illegal activities, this is not a fit case for grant of privilege of anticipatory bail to him. Prayer for anticipatory bail is hereby rejected.
Accordingly, this appeal is dismissed.
BT/- U T
(Sandeep Kumar, J)
1 issue framed by the court
Whether anticipatory bail can be granted to the appellant who is a member of a group that assaulted an informant during illegal activities.
3 provisions across 3 enactments
Avinash Kumar
The State of Bihar
Sandeep Kumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
