In CM No.15833 of 2020, the Patna High Court rejected the petitioner's application for anticipatory bail regarding murder and abetment offences, directing surrender for regular bail instead.
Petition for anticipatory bail rejected; directed to surrender and pray for 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.15833 of 2020
Arising Out of PS. Case No.-49 Year-2013 Thana- LAXMIPUR District- Jamui
======================================================
SHARVAN YADAV Son of Chaturi Yadav Resident of Village - Sardara, P.S.Belhar, Dist.- Banka.
... ... Petitioner/s
Versus
THE STATE OF BIHAR
... ... Opposite Party/s
====================================================== Appearance : For the Petitioner/s : Mr.Niranjan Parihar For the State : Mr. J.N.Thakur, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY
ORAL ORDER
2 09-12-2021
Learned counsel for the petitioner is directed to
remove all the defects pointed out by the Stamp Reporter within one month.
Heard the learned counsel for the petitioner and learned APP for the State.
The petitioner apprehends his arrest for the offences alleged under Sections 341, 323, 324, 307, 302 and 504/34 of the Indian Penal Code, registered in connection with Laxmipur P.S.Case No.49 of 2013.
The informant Janakwa Dvi lodged her Fardbayan stating therein that altogether 12 accused persons including the present petitioner, assaulted her husband by knives. Other accused persons have also indiscriminately assaulted her
Patna High Court CR. MISC. No.15833 of 2020(2) dt.09-12-2021 2/2
husband, who succumbed to his injuries.
Learned counsel for the petitioner has submitted that other co-accused persons have been granted anticipatory bail by a co-ordinate Bench of this Court under order dated 06.07.2018 in Cr.Misc. No. 38118 of 2018. He has further submitted that rest accused persons were arrested and have been granted bail.
In my view, it is not a fit case for grant of anticipatory bail. Accordingly, the petition is rejected.
The petitioner is directed to surrender and pray for regular bail, which shall be considered and disposed of on its own merit, without being prejudiced by this order.
Office shall ensure that all defects are removed by the petitioner within the stipulated time provided in para 1 hereinabove, failing which the matter shall be brought to the notice of this Court.
(Nawneet Kumar Pandey, J)
HR/-
U T
1 issue framed by the court
Whether a fit case exists for the grant of anticipatory bail to the petitioner in connection with offences under Sections 302, 307, 341, 323, 324 and 504/34 of the Indian Penal Code.
Sharvan Yadav
The State of Bihar
Nawneet Kumar Pandey
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
