High Court rejected the petitioner's application for anticipatory bail in a murder case, noting the petitioner was part of the mob attacking the deceased with a weapon.
The prayer for anticipatory bail was rejected.
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.7440 of 2022
Arising Out of PS. Case No.-257 Year-2020 Thana- KUDHNI District- Muzaffarpur
======================================================
GHAMMU KUMAR @ GHAMO RAI Son of Rajendra Rai, Resident of Village - Dhodhi Ratan, P.S.- Kudhni (Fakuli O.P.), Distt.- Muzaffarpur.
... ... Petitioner/s
Versus
The State of Bihar.
... ... Opposite Party/s
====================================================== Appearance : For the Petitioner/s : Mr.Nachiketa Jha For the Opposite Party/s : Mr. ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY
ORAL ORDER
2 19-05-2022
The learned counsel for the petitioner is directed to remove all the defects pointed out by the office within one month.
Heard the learned counsel for the petitioner and the learned Additional Public Prosecutor for the State.
The petitioner apprehends his arrest in connection with Kudhani (Fakuli O.P.) P.S. Case No. 257 of 2020 registered for offence punishable under section 302/34 of the Indian Penal Code.
The informant is son of deceased Harendra Rai. As per fardbeyan , the informant’s father (deceased) and his cousin Prem Rai, after taking meals, were going to sleep in their semi constructed house. When they reached near the house of
Patna High Court CR. MISC. No.7440 of 2022(2) dt.19-05-2022 2/3
accused Rajendra Rai, six named accused persons and three-four unknown accused persons attacked them equipped with sword and other sharp weapons. Co-accused Ganaur Rai assaulted the deceased with sword. Sattan Rai also assaulted the deceased with sword. Rajendra Rai and Pappu Rai were equipped with axe and hasuli and the present petitioner was equipped with iron road. Sona Devi and Anju Devi were equipped with hasua and musar . They all attempted to attack the informant side.
The learned counsel for the petitioner has submitted that the deceased is nephew of petitioner no. 1 and the accused persons have clean antecedents. He has submitted further that after receiving the dead body and after perusal of the post mortem report, the FIR has been lodged.
The petitioner is one of the members of the mob, which killed the deceased. He was equipped with iron rod and there is also allegation that he was amongst the members, who attacked the informant’s father and his musera brother. In my view, the petitioner does not deserve the privileges for anticipatory. Accordingly, the prayer for anticipatory bail on behalf of the petitioner is hereby rejected.
Office shall ensure that all defects are removed by the
Patna High Court CR. MISC. No.7440 of 2022(2) dt.19-05-2022 3/3
petitioners within the stipulated time mentioned hereinabove, failing which, the matter shall be brought to the notice of this
Court.
(Nawneet Kumar Pandey, J)
Mahesh/-
U T
1 issue framed by the court
Whether the petitioner is eligible for the grant of anticipatory bail in the present criminal case.
GHAMMU KUMAR @ GHAMO RAI
The State of Bihar
NAWN EE T KUMAR PANDEY
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
