Back
IN THE HIGH COURT OF JUDICATURE AT PATNA
JITENDRA KUMAR
Mangali Devi @ Mangari Devi, W/o. Kedar Mahto – Appellant
Versus
State of Bihar – Respondent
JUDGMENT :
Jitendra Kumar, J.
The present petition has been filed on behalf of the petitioners, apprehending their arrest, in connection with Manjhi PS. Case No.-379 of 2024 dated 27.11.2024, registered for the offences punishable under Sections 115(2), 126(2), 109, 103(1), 352 and 3(5) of BNS, 2023.
2. As per allegation, the petitioners and co-accused/Kedar Mahto caused injury by iron rod, knife and spade to the mother of the informant in the field, leading to her death at the hospital after ten days.
3. I heard learned counsel for the petitioners and learned APP for the State.
Submissions on behalf of the Petitioners.
4. Learned counsel for the petitioners submits that the Petitioners are innocent and have falsely been implicated in this case. He further submits that the allegation as made against the petitioners is general and omnibus in nature. There is no specific allegation who caused what injury to the alleged victim.
5. He further submits that the petitioners have got no criminal antecedents and have not moved this Court earlier either for anticipatory bail or regular one in the instant case.
6. He further submits that the petitioners/accused side have lodged Manjhi P.S. Case No. 3
Anticipatory bail may be granted even if proceedings under Sections 82 and 83 Cr.P.C. are active, depending on case specifics, despite the usual ineligibility of proclaimed offenders.
Anticipatory Bail Application has to be based on concrete facts and not vague or general allegations relatable to offence and why applicant reasonably apprehends his or her arrest, as well as his ver....
If anyone is declared as an absconder/proclaimed offender in terms of Section 82 of Cr.P.C., he is not entitled to relief of anticipatory bail.
The main legal point established in the judgment is the consideration of the gravity of the offences, the conduct of the accused, and the possibility of fleeing from justice in determining the eligib....
(1) Anticipatory bail – If anyone is declared as an absconder/proclaimed offender in terms of Section 82 Cr.P.C., he is not entitled to relief of anticipatory bail.(2) Anticipatory bail – When an app....
Anticipatory bail is an extraordinary remedy that should be granted sparingly, especially in serious cases, and requires strict compliance with court-imposed conditions.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
