Abhishek Kumar v. The State of Bihar
Case brief
What is this about?
In a criminal miscellaneous petition for anticipatory bail under the CrPC, the Patna High Court rejected the prayer. The court noted specific allegations of assaulting the victim with a sword and observed that unlike a coordinate bench case involving another individual, bail could not be granted here, though the petitioner was permitted to surrender for a future decision.
What did the court decide?
Prayer for anticipatory bail was rejected.
What the court decided
IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.32812 of 2020
Arising Out of PS. Case No.-511 Year-2019 Thana- BHAGWAN BAZAR District- Saran
======================================================
Abhishek Kumar Son of Shailesh Rai, Resident of Village - Daulatganj Bari Sangat, P.S.- Bhagwan Bazar, Distt.- Saran.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
====================================================== Appearance : For the Petitioner/s : Mr.Awadhesh Kumar Singh For the Opposite Party/s : Mr.A.G. ====================================================== CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY ORAL ORDER
2 09-03-2021
Heard learned counsel for the petitioner and learned counsel for the State.
Issues for consideration
3 issues framed by the court
Whether the petitioner is entitled to anticipatory bail in the present criminal case.
Whether bail should be rejected given the specific allegations of assault with a sword.
Whether the petitioner can surrender before the lower court for a subsequent bail decision.
Parties & counsel
- petitioner
Abhishek Kumar
- respondent
The State of Bihar
Coram
Shivaji Pandey
Case details
As recorded by the court registry
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