Md. Jameel @ Md. Zaki v. the State of Bihar
Case brief
What is this about?
In an anticipatory bail petition in a murder case, the High Court of Patna observed that despite the petitioner being alleged only for presence and not firing, bail cannot be granted where the victim lost his life. The prayer was rejected.
What did the court decide?
Grant of anticipatory bail to the petitioner was rejected as the victim had lost his life.
What the court decided
IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.13060 of 2021
Arising Out of PS. Case No.-312 Year-2020 Thana- DARBHANGA SADAR DistrictDarbhanga
======================================================
MD. JAMEEL @ MD. ZAKI, SON OF MD. SANULLAH Resident of Village - Loaam, P.S.- Sadar, Dist.- Darbhanga.
... ... Petitioner/s
Versus THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr.Md. Shahnawaz Ali For the Opposite Party/s : Mr. Arbind Kumar Singh Ms. Prativa Kumari Mr. Satyendra Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER
4 17-01-2022
Heard Mr. Shahnawaz Ali, learned Advocate for
the petitioner and learned APP for the State.
The petitioner seeks bail in anticipation of his arrest in connection with Sadar P. S. Case No. 312 of 2020, dated 14.07.2020, instituted for the offences under Sections 302, 307, 120B, 504 and 34 of the Indian Penal Code and Section 27 of the Arms Act, 1959.
Issues for consideration
3 issues framed by the court
Whether the petitioner is eligible for anticipatory bail in a murder case where mere presence with a weapon is alleged but no firing from his weapon is attributed.
Whether the admitted previous enmity between the parties warrants the grant of anticipatory bail when the victim has lost his life.
How to treat petitioners who are alleged members of a mob armed with weapons in a murder attempt.
Parties & counsel
- petitioner
MD. JAMEEL
- respondent
THE STATE OF BIHAR
Coram
Ashutosh Kumar
Case details
As recorded by the court registry
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