The Patna High Court refused to grant anticipatory bail to the petitioner in a case involving serious criminal allegations including attempted murder, assault, and weapon possession. The Court held the petitioner did not deserve this privilege.
Prayer for anticipatory bail was rejected and the application was disposed.
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.73785 of 2022
Arising Out of PS. Case No.-35 Year-2021 Thana- PARWALPUR District- Nalanda
======================================================
RAHUL KUMAR Son of Sri Chanarmani Ram @ Chandramani Ram Resident of village - Dhanama, P.S.- Parwalpur, District - Nalanda.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
====================================================== Appearance : For the Petitioner/s : Mr. Dilip Kumar, Adv. For the Opposite Party/s : Mr. Harendra Prasad, APP ======================================================
CORAM: HONOURABLE MR. JUSTICE ARVIND SRIVASTAVA ORAL ORDER
2 02-05-2023 Heard learned counsel for the petitioner and learned
counsel for the State.
The petitioner apprehends his arrest in connection with Parwalpur P.S. Case No. 35 of 2021 registered under Sections 147, 149, 305, 307, 341, 323, 379 and 506 of the Indian Penal Code and Section 27 of the Arms Act.
Submission of learned counsel for the petitioner is that petitioner is innocent and has falsely been implicated in the present case. Further submission is that petitioner has got no criminal antecedent.
Learned A.P.P. appearing on behalf of the State opposed
the prayer of the petitioner by contending that there is direct allegation against the petitioner of assaulting the informant by means of iron rod and lathi which is corroborated by the injury
Patna High Court CR. MISC. No.73785 of 2022(2) dt.02-05-2023 2/2
report. Hence, petitioner does not deserve the privilege of 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)
utkarsh/-
U T
1 issue framed by the court
Whether the petitioner is entitled to anticipatory bail against an apprehension of arrest in sections 147, 149, 305, 307, 341, 323, 379, 506 of IPC and section 27 of the Arms Act.
Rahul Kumar
The State of Bihar
Arvind Srivastava
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
