In an anticipatory bail petition under Cr. Misc. No. 3601 of 2021, the Patna High Court rejected the petitioner's prayer for bail in a case involving allegations of assault under the IPC. The court declined to grant bail.
Prayer for anticipatory bail rejected; petitioner to face arrest as apprehended in the complaint.
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.3601 of 2021
Arising Out of PS. Case No.-68 Year-2020 Thana- FATEHPUR District- Gaya
KAMTA PRASAD @ KAMTA YADAV S/o Chetu Yadav R/o Village- Raisir, P.S.- Fatehpur, District- Gaya.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Syed Asgher Najmi For the Opposite Party/s : Mr. Pranav Kumar, APP. ====================================================== CORAM: HONOURABLE MR. JUSTICE ARVIND SRIVASTAVA ORAL ORDER
2 21-09-2021
Heard learned counsel for the petitioner and learned counsel for the State.
The petitioner apprehends his arrest in connection with Fatehpur P.S. Case No. 68 of 2020 registered under Sections 341/323/324/307/504/34 of the I.P.C. pending in the Court of A.C.J.M.-X, Gaya.
Submission of learned counsel for the petitioner is that petitioner is innocent and has falsely been implicated in the present case due to village politics. Further he submits that petitioner has no criminal antecedent.
Learned A.P.P. appearing on behalf of the State opposed the prayer of the petitioner by contending that petitioner is named in the first information report with specific allegation of assault by means of rod. Hence, this is not a fit
Patna High Court CR. MISC. No.3601 of 2021(2) dt.21-09-2021 2/2
case for anticipatory bail.
Having considered the facts and circumstances of the case and nature of the allegation, this Court is not inclined to grant anticipatory bail to the petitioner. Accordingly, prayer of the petitioner for bail is rejected.
(Arvind Srivastava, J)
shailendra/-
U T
1 issue framed by the court
Whether anticipatory bail can be granted to the petitioner who apprehends arrest in a case alleging assault by means of rod?
Kamta Prasad @ Kamta Yadav
The State of Bihar
Arvind Srivastava
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
