Appearing in Criminal Miscellaneous No.4884 of 2022 before the Patna High Court, the bench of Justice Sunil Kumar Panwar rejected an application for anticipatory bail filed by the petitioner, citing direct allegations of murder by neck pressing.
Application for anticipatory bail rejected.
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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.4884 of 2022
Arising Out of PS. Case No.-512 Year-2020 Thana- MADHEPURA District- Madhepura
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VAKIL YADAV @VAKIL KUMAR SON OF SURENDRA YADAV RESIDENT OF VILLAGE- BHADAUL, POLICE STATION AND DISTRICT- MADHEPURA
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr.Shailendra Kumar Singh For the Opposite Party/s : Mr.Jai Narain Thakur ======================================================
CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER
3 27-09-2022
Heard learned counsel for the petitioner and learned APP for the State.
The instant application for anticipatory bail has been filed by the petitioner apprehending his arrest in connection with Madhepura P.S. Case no. 512 of 2020 instituted for the offence punishable under Sections 147, 148, 149, 341, 323, 324, 307, 302, 504 and 506 of the Indian Penal Code.
Prosecution story relates to abuse and assault to the informant and his family members by the petitioner and other co-accused persons as a result of which several persons were injured. It is further alleged that accused persons have killed the informant’s uncle by pressing his neck.
Learned counsel appearing on behalf of the petitioner
Patna High Court CR. MISC. No.4884 of 2022(3) dt.27-09-2022 2/2
has submitted that petitioner is innocent and has been falsely implicated in this case. Police has submitted final form in the case, however, cognizance has been taken by the learned lower court after finding the case true.
Learned APP appearing for the State has opposed the prayer of Bail and submitted that there is direct allegation of twisting the neck of the deceased against the petitioner due to which he succumbed to the injuries. As per postmortem report, cause of death is asphyxia due to trauma over trachea .... (not readable) bone by hard and blunt substance.
Learned APP appearing for the State has opposed the prayer of bail.
Having heard learned counsel for the parties and taking into consideration that there is direct allegation of killing the informant’s uncle by pressing neck against the petitioner, I am not inclined to grant bail to the petitioner and, as such, his application for bail is rejected.
(Sunil Kumar Panwar, J)
sushma/-
U
1 issue framed by the court
Whether anticipatory bail is to be granted in a case involving direct allegation of killing an informant's uncle by pressing his neck.
Vakil Yadav @Vakil 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
