The High Court at Patna dismissed an application for anticipatory bail. The court refused bail in a murder and affray case but directed that if the petitioner surrenders, his bail petition shall be considered on merits.
Application for anticipatory bail rejected; surrender permitted for subsequent bail consideration.
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.14551 of 2021
Arising Out of PS. Case No.-176 Year-2010 Thana- AHIYAPUR District- Muzaffarpur
======================================================
RAM EKWAL RAY S/o Late Premdhar Rai R/o Village- Patiyasha Chakki, P.S.- Ahiyapur, District- Muzaffarpur.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
====================================================== Appearance : For the Petitioner/s : Mr.Raju Kumar For the Opposite Party/s : Mr APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER
4 22-03-2022
Heard the learned counsel for the petitioner and
the learned APP for the State.
The petitioner seeks bail in anticipation of his arrest in connection with Ahiyapur P.S. Case No. 176/2020 instituted for the offences under Sections 147, 148, 149 and 302 of the Indian Penal Code.
The informant claims to have seen five persons including the petitioner assaulting his brother who was inebriated and because of such assault, he died.
Regard being had to the nature of accusation
against the petitioner, I am not inclined to grant anticipatory bail to him.
Patna High Court CR. MISC. No.14551 of 2021(4) dt.22-03-2022 2/2
The prayer for anticipatory bail is rejected.
However, if the petitioner surrenders before the
Court below and seeks bail, that petition shall be considered
on its own merits, without being prejudiced by the fact that the present petition on his behalf has not been entertained.
(Ashutosh Kumar, J)
sunilkumar/-
U T
1 issue framed by the court
Whether anticipatory bail should be granted in a case involving offences under Sections 147, 148, 149 and 302 of the IPC?
Ram Ekwat Ray
The State of Bihar
Ashutosh Kumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
