The High Court at Patna dismissed an application for anticipatory bail. The applicant faced charges of murder and illegal possession of arms. The court rejected the plea due to the petitioner's suppression of criminal history and direct allegations of firing against the deceased.
Prayer for grant of anticipatory bail 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.6996 of 2023
Arising Out of PS. Case No.-517 Year-2022 Thana- DHANARUA District- Patna
======================================================
SUSHIL KUMAR @ SUSHIL YADAV Son of Muneshwar Singh @ Bhuneshwar Yadav R/v- Jiauddinchak, P.S.- Dhanarua, Presently residing at Village- Sirpatpur, P.S.- Gopalpur, District- Patna
... ... Petitioner/s
Versus
THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Deepak Kumar For the Opposite Party/s : Mr. Shantanu Kumar Mr. Jagjit Roshan ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER
2 13-04-2023 Heard the parties.
The petitioner apprehend his arrest in connection with Dhanarua P.S. Case No.517 of 2022, registered for the offence punishable under Sections 302/34 of the Indian Penal Code and 27 of Arms Act.
As per the FIR, the co-accused persons caught hold of the deceased and abused him and also threatened the family members of the deceased. The allegation against the petitioner is that he fired on the chest of the deceased namely, Khubal Prasad.
It is submitted by learned counsel for the petitioner that petitioner is quite innocent and have committed no offence. He has been falsely implicated in this case. No such occurrence, in
Patna High Court CR. MISC. No.6996 of 2023(2) dt.13-04-2023 2/2
the manner as alleged, has ever taken place. The allegation levelled against the petitioner is not specific rather general and omnibus in nature. There is no specific overt act against the petitioner. There is no eye witness in the present case. Petitioner has no criminal antecedent.
Learned APP for the State as well as learned counsel for the informant opposed the prayer for anticipatory bail. Learned counsel for the informant submits that the petitioner has suppressed his criminal antecedent and also there is a direct allegation of firing against the petitioner
Having regard to the facts and circumstances of the case as the petitioner has suppressed his criminal history as well as there is specific and direct allegation against the petitioner, I am not inclined to enlarge the petitioner on bail. The prayer for grant of anticipatory bail on his behalf is hereby rejected.
This application is accordingly, dismissed.
(Anjani Kumar Sharan, J)
shikha/-
U T
2 issues framed by the court
Whether anticipatory bail should be granted to the petitioner who apprehends arrest for alleged murder and arms offense.
Whether the petitioner's suppression of criminal history and lack of specific evidence warrants rejection of bail.
2 provisions across 2 enactments
SUSHIL KUMAR @ SUSHIL YADAV
THE STATE OF BIHAR
ANJANI KUMAR SHARAN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
