Anticipatory bail sought in a case alleging the petitioner fired at the informant causing a thigh gunshot injury amid land and monetary disputes. The court noted the specific allegation of firearm use and held it not a fit case for anticipatory bail, rejecting the prayer while permitting surrender and regular bail.
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.77026 of 2023
Arising Out of PS. Case No.-247 Year-2023 Thana- KUDRA District- Kaimur (Bhabua)
======================================================
Shri Bhagwan Singh, S/o Late Rambali Singh, Resident of Village - Madhubani, P.S. - Kudra, District- Kaimur.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr.Vishwajeet Kumar Mishra, Advocate For the State : Mr.Arun Kumar, APP For the Informant : Mr. Ashok Kumar Singh, Advocate ======================================================
CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA ORAL ORDER
3 05-03-2024
Heard learned counsel for the petitioner, learned APP
for the State and learned counsel for the informant.
his arrest in connection with Kudra P.S. Case No. 247 of 2023, registered for the alleged offences under Sections 147, 148, 149, 323, 307 of the Indian Penal Code and Section 27 of the Arms Act.
Patna High Court CR. MISC. No.77026 of 2023(3) dt.05-03-2024 2/3
background of land dispute which is admitted in the FIR. The present case is counterblast of Kudra P.S. Case No.251 of 2023 registered for the offence under Sections 147, 148, 149, 447, 323, 379, 504, 506 of the Indian Penal Code and Section 27 of the Arms Act and the said case was instituted by the wife of the petitioner against the informant and his family members. The learned counsel further submits that the injury report shows the nature of injury is simple. In the circumstances, no offence under Section 307 IPC is made out against the petitioner. The petitioner has got no criminal history.
Patna High Court CR. MISC. No.77026 of 2023(3) dt.05-03-2024 3/3
learned court below and seek regular bail.
(Arun Kumar Jha, J)
V.K.Pandey/-
U T
1 issue framed by the court
Whether anticipatory bail should be granted to the petitioner apprehending arrest in Kudra P.S. Case No. 247 of 2023 involving firearm injury allegations.
2 provisions across 2 enactments
Shri Bhagwan Singh
The State of Bihar
Arun Kumar Jha
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
