The Patna High Court in a virtual proceeding considering a petition for anticipatory bail rejected the prayer, citing the gravity of murder charges and lack of tampering allegations.
Petition for anticipatory bail is rejected. Petitioner directed to surrender to the Magistrate Court to seek 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.12801 of 2021
Arising Out of PS. Case No.-72 Year-2020 Thana- PASRAHA District- Khagaria
======================================================
Indrapati Kumar @ Indrapati Mandal Son of Shri Jamun Mandal Resident of Village - Teliya Bathan ward no. 08, Police Station - Pasraha, District - Khagaria.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
====================================================== Appearance : For the Petitioner/s : Mr.Ramesh Kumar Singh, Advocate For the Opposite Party/s : Mr.Choubey Jawahar, APP ======================================================
CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER
3 24-01-2022
Due to the third wave of COVID-19 Pandemic, the matter
is being taken up by way of Virtual Court proceeding.
The matter has been listed under the heading ‘For Orders’
under the orders of Hon’ble the Chief Justice.
Heard learned counsel for the petitioner and learned APP for the State through virtual mode.
Learned Counsel for the petitioner is directed to remove the defect(s), as pointed out by the office, within a period of four weeks after restoration of normalcy.
The petitioner is apprehending his arrest in connection with Pasraha P.S. case No.72 of 2020, G.R. No.2253 of 2020 registered under Sections 302/34 of the Indian Penal Code and Section 27 of the Arms Act, pending in the court of Shri Deepak Kumar, learned Judicial Magistrate, 1st class, Khagaria.
Patna High Court CR. MISC. No.12801 of 2021(3) dt.24-01-2022 2/2
Allegation is that the petitioner and co-accused Ravindra Das fired from the pistol on the head of informant’s husband, namely, Shashikant Mandal, due to which he succumbed to the injuries.
It has been submitted on behalf of the petitioner that the petitioner has got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioner. The petitioner has falsely been implicated in the present case due to previous enmity.
On behalf of the State, it is submitted that the petitioner is named in the F.I.R. The petitioner is the assailant and he alongwith other co-accused have fired upon the deceased. The postmortem report also corroborates with the allegations made in the F.I.R.
Considering the aforesaid facts and circumstances, I am not inclined to grant anticipatory bail to the petitioner. The same is rejected.
If the petitioner surrenders before the court below and prays for regular bail, same shall be considered on its own merit without being prejudiced by this order.
(Sudhir Singh, J)
Narendra/-
U T
2 issues framed by the court
Whether anticipatory bail can be granted to the petitioner who apprehends arrest for operating a fatal shooting.
Whether the petitioner has grounds based on lack of antecedents to warrant anticipatory bail on the facts of a murder case.
2 provisions across 2 enactments
Indrapati Kumar @ Indrapati Mandal
The State of Bihar
Sudhir Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
