Patna High Court rejected a prayer for anticipatory bail to petitioners apprehending arrest in a murder case (IPC Section 302) alleging an assault with unlawful assembly, noting a case-and-counter-case existence.
Petitioners rejected to grant anticipatory bail; directed to surrender and seek regular bail.
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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.27282 of 2021
Arising Out of PS. Case No.-248 Year-2020 Thana- PATEPUR District- Vaishali
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DHARAM NATH CHAUDHARY S/O JAGNNATH CHAUDHARY R/O VILLAGE- SUKKI, P.S.- PATEPUR, DISTRICT- VAISHALI AT HAJIPUR.
... ... Petitioner/s
Versus
THE STATE OF BIHAR BIHAR
... ... Opposite Party/s
======================================================
with
CRIMINAL MISCELLANEOUS No. 34621 of 2021
Arising Out of PS. Case No.-248 Year-2020 Thana- PATEPUR District- Vaishali
======================================================
... ... Petitioner/s
Versus
The State of Bihar Bihar
... ... Opposite Party/s
====================================================== Appearance : (In CRIMINAL MISCELLANEOUS No. 27282 of 2021) For the Petitioner/s : Mr.Mukesh Kumar No1 For the Opposite Party/s : Mr.A.G. (In CRIMINAL MISCELLANEOUS No. 34621 of 2021) For the Petitioner/s : Mr.Mukesh Kumar No1 For the Opposite Party/s : Mr.A.G ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER
5 24-03-2022 Heard learned counsel for the petitioners as well as
learned Additional Public Prosecutor for the State.
Petitioners are apprehending their arrest in a case registered in connection with Patapur P.S.Case No. 248 of 2020 for the offences punishable under Sections
Patna High Court CR. MISC. No.27282 of 2021(5) dt.24-03-2022 2/2
147,149,341,323,307,504,506 and 302 of the Indian Penal Code.
As per allegation in the F.I.R , it is a case of committing murder by the accused persons.
Learned counsel for the petitioner submits petitioners along with co-accused assaulted informant’s husband, son and dewar. From perusal of the case diary at Para 27, specific overt act has been levelled against Dharmnath Choudhary. There is case and counter case between both the parties. It is not a fit case to grant anticipatory bail to the petitioners.
Learned Additional Public Prosecutor opposed the bail prayer of the petitioners
Considering the facts, I am not inclined to enlarge the petitioner on anticipatory bail and hence, his prayer for anticipatory bail stands rejected.
Petitioner is directed to surrender before the court below and seek regular bail.
(Sunil Kumar Panwar, J)
N.K/-
U T
2 issues framed by the court
Whether anticipatory bail should be granted to the petitioners in a case alleging murder and use of unlawful assembly?
Whether the existence of a case and counter case makes it a fit case for anticipatory bail?
8 provisions across 1 enactments
Dharam Nath Chaudhary
Santosh Kumar
Gautam Kumar
The State of Bihar
Sunil Kumar Panwar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
