An oral order where the High Court of Patna considered an application for anticipatory bail and refused it due to direct allegations of firing against the informant corroborated by the injury report.
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.45745 of 2022
Arising Out of PS. Case No.-19 Year-2022 Thana- BITHAN BAZAR District- Samastipur
======================================================
ZAHAN JEB @ GOLU Son of Md. Shafiqu Ahamad R/v- Manorwa Khaira, Ward no. 12, P.s- Baithan, Dist- Samastipur
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Nikhil Singh For the Opposite Party/s : Mr. Pranav Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ARVIND SRIVASTAVA ORAL ORDER
6 02-05-2023
Heard learned counsel for the petitioner and
learned counsel for the State.
The petitioner apprehends his arrest in connection with Bithan P.S. Case No. 19 of 2022 registered under Sections 307 and other allied sections of the Indian Penal Code.
Submission of learned counsel for the petitioner is that petitioner is innocent and has falsely been implicated in the present case. Further he submits that petitioner has no criminal antecedent.
Learned A.P.P. appearing on behalf of the State opposed the prayer of the petitioner by contending that petitioner is named in the first information report. From perusal of first information report itself, it is apparent that there is direct allegation of firing against the petitioner on the vital part of the
Patna High Court CR. MISC. No.45745 of 2022(6) dt.02-05-2023 2/2
informant. The injury report also corroborates the allegation as alleged. Hence, the petitioner does not deserve to be enlarged on anticipatory bail.
Having considered the facts and circumstances of the case and nature of the allegation, this Court is not inclined to grant anticipatory bail to the petitioner.
Accordingly, prayer of the petitioner is rejected.
(Arvind Srivastava, J)
shailendra/-
U T
1 issue framed by the court
Whether anticipatory bail is to be granted to the petitioner in the offence of attempted murder.
Zahan Jeb @ Golu
The State of Bihar
Arvind Srivastava
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
