This is a bail order rejecting the petitioners' prayer for anticipatory bail in a criminal case involving assault and attempted murder. The court rejected the plea due to multiple injuries on the victim and the petitioners' criminal antecedents.
Petitioners' prayer for anticipatory bail is 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.14677 of 2023
Arising Out of PS. Case No.-301 Year-2022 Thana- DELHA District- Gaya
======================================================
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
====================================================== Appearance : For the Petitioners : Mr .Gajendra Kumar Singh, Advocate For the State : Mr. Ajay Kumar No. 2, APP ======================================================
CORAM: HONOURABLE MR. JUSTICE MADHURESH PRASAD ORAL ORDER
3 24-05-2023 Heard learned counsel for the petitioners and learned APP for the State of Bihar.
The petitioners are apprehending their arrest in connection with Delha P.S. Case No. 301 of 2022 instituted for offence under Sections 341, 323, 326, 307, 504, 379, 506 and 34 of Indian Penal Code.
As per prosecution case, there is an allegation that the informant’s brother has been taken away by co-accused Natwar Yadav and Sonu Yadav . The instant petitioners along with two other named co-accused and some other persons were waiting and all have together assaulted the informant’s brother.
Learned counsel for the petitioners submits that
Patna High Court CR. MISC. No.14677 of 2023(3) dt.24-05-2023 2/2
petitioners’ name, even as per allegation, is in the later part of the occurance of which the informant is not an eyewitness. It is submitted that implication is based on extraneous consideration.
Learned APP for the State has opposed the prayer for bail. He has drawn attention of the Court towards the injury report showing multiple bruise and other injuries on the body of the victim. The petitioners also have criminal antecedents as per the averments made in para-3 of the anticipatory bail application.
Considering the rival submissions, antecedents of the petitioners and multiple bruise and other injuries on the victim’s body, this Court does not find it a fit case for grant of anticipatory bail to the petitioners.
Petitioners’ prayer for anticipatory bail is rejected.
(Madhuresh Prasad, J)
shashank/-
U T
3 issues framed by the court
Whether the petitioners are in a fit case for grant of anticipatory bail considering the gravity of injuries, multiple bruises, and their criminal antecedents.
Whether the implication of the petitioners based on extraneous considerations warrants bail in a case alleging assault and attempted murder.
Whether the allegations of injury to the informant's brother justify rejection of anticipatory bail.
1 provisions across 1 enactments
SAGAR KUMAR @ SAGAR YADAV
VISHAL YADAV @ VISHAL KUMAR
The State of Bihar
MADHURESH PRASAD
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
