Dismissed¶21

Vishal Patel @ Vishal Kumar v. the State of Bihar

Patna HC25 Jun 2024CR. MISC./14861/2024

Case brief

AI extract

What is this about?

Patna High Court Criminal Miscellaneous No.14861 of 2024 (decided 25-06-2024, Rudra Prakash Mishra, J.); anticipatory bail rejected; petitioner Vishal Patel @ Vishal Kumar; FIR Maharajganj P.S. Case No. 263 of 2023, Thana Maharajganj, District Siwan; IPC Sections 147, 148, 149, 341, 323, 324, 307, 302, 504, 506 & 120B; murder of informant's grandson; specific allegation of sword blow; petitioner absent from place of occurrence; one-day delay in lodging FIR; APP opposed bail; direct allegation against petitioner.

What did the court decide?

Considering the rival submissions of the parties, and because there is a direct allegation against the petitioner, the Court was not inclined to grant anticipatory bail. ¶20

Vishal Patel @ Vishal Kumar Vs the State of Bihar — Patna HC (2024) — LawSathi Research

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.14861 of 2024

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Arising Out of PS. Case No.-263 Year-2023 Thana- MAHARAJGANJ District- Siwan

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======================================================

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Vishal Patel @ Vishal Kumar S/O Raju Patel @ Raju Prasad @ Raju Ravat R/O Village- Paterhi, P.S- Maharajganj, Distt.- Siwan (Bihar).

... ... Petitioner/s

Versus

The State of Bihar

... ... Opposite Party/s

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====================================================== Appearance : For the Petitioner/s : Mr. Akshansh Ankit, Advocate For the Opposite Party/s : Mr. Dinesh Singh, APP ======================================================

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CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA

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ORAL ORDER

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3 25-06-2024

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Heard learned counsel for the petitioner and learned A.P.P. for the State.

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2. The petitioner apprehends his arrest in connection with Maharajganj P.S. Case No. 263 of 2023 registered for the offences punishable under Sections 147, 148, 149, 341, 323, 324, 307, 302, 504, 506 & 120B of the Indian Penal Code.

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3. Prosecution case in short is that co-accused including the petitioners have assaulted the grandson of the informant by various means, due to which he succumbed to injury.

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4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence as alleged against him and has falsely been implicated in the present case.

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Patna High Court CR. MISC. No.14861 of 2024(3) dt.25-06-2024 2/2

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It is submitted that petitioner was not present at the place of occurrence. It is next submitted that there is delay of one day in lodging of the FIR.

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5. On the other hand, learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner. It is submitted that there is specific allegation of giving sword blow to the grandson of the informant against the petitioner.

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6. Considering the rival submissions made by the learned counsel for the parties, there being direct allegation against the petitioner, this Court is not inclined to grant anticipatory bail to the petitioner.

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7. Accordingly, the prayer for grant of anticipatory bail is rejected .

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(Rudra Prakash Mishra, J)

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Raj Kishore/- U T

Vishal Patel @ Vishal Kumar v. the State of Bihar

Case brief

What is this about?

What did the court decide?

Vishal Patel @ Vishal Kumar v. the State of Bihar

Case brief

What is this about?

What did the court decide?

What the court decided

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