Patna HC Bench refused anticipatory bail to the petitioners in a case regarding land dispute involving offences under IPC and Arms Act due to their criminal antecedents, directing the lower court to consider their prayer for regular bail.
Prayer for anticipatory bail refused. Prayer for regular bail directed to be considered by the lower court.
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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.28263 of 2020
Arising Out of PS. Case No.-191 Year-2019 Thana- BAKHTIYARPUR District- Patna
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... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
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Appearance :
For the Petitioner/s : Mr.Rajesh Kumar Sinha, Advocate. For the Opposite Party/s : Mr. Panchanand Pandit, APP.
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CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER
3 22-01-2021 Heard the parties.
The petitioners are apprehending their arrest in a case registered for the offence punishable under Sections 147, 148, 149, 323, 307, 435, 436, 504 and 506 of the Indian Penal Code and Section 27 of the Arms Act.
For land dispute, co-accused Ranjit Kumar sprinkled petrol and burnt the shop of the informant. Petitioners are also named in the F.I.R., however no specific overt act is alleged against the petitioners. Petitioners have got two criminal cases as antecedent. There is allegation of firing also in the F.I.R.
Considering the criminal antecedents of the
Patna High Court CR. MISC. No.28263 of 2020(3) dt.22-01-2021 2/2
petitioners, in my view, this is not a fit case for grant of anticipatory bail. Hence, prayer is refused in connection with Bakhtiyarpur P.S. Case No. 191 of 2019.
However, prayer for regular bail of the petitioners shall be considered by the court below without being prejudiced by this order.
(Birendra Kumar, J)
mantreshwar/-
U T
3 issues framed by the court
Whether anticipatory bail can be granted to petitioners with criminal antecedents in a case involving land dispute and alleged burning of shop.
Whether the prayer for regular bail should be considered by the lower court.
Whether the allegations of antecedents against the petitioners render this a fit case for anticipatory bail.
1 provisions across 1 enactments
Saloon Yadav and others
State of Bihar
Birendra Kumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
