Patna High Court rejected bail application in P.S. Case 405 of 2013 charging petitioner with murder and other offences. Court held petitioner cannot be enlarged due to criminal antecedents. Present co-accused’s bail does not alter decision.
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IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No. 12718 of 2014
Arising Out of PS.Case No. -405 Year- 2013 Thana -KANKARBAGH District- PATNA ====================================================== Ajay Yadav @ Ajay Rai @ Ajay Gope Son of Sri Dwarika Rai Resident of North Mandiri, Chhakkan Tola, P.S.- Budha Colony, District - Patna. .... .... Petitioner/s Versus The State of Bihar .... .... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. For the Opposite Party/s : Mr. ====================================================== CORAM: HONOURABLE MR. JUSTICE AHSANUDDIN AMANULLAH ORAL ORDER 6. 07-07-2014 Heard learned counsel for the petitioner, learned A.P.P. for the State and learned counsel for the informant, who has suo motu appeared.
The petitioner seeks bail in Kankarbagh P.S. Case No. 405 of 2013 dated 17.09.2013 instituted for offence punishable under Sections 302/201/120B/411/365/34 of the Indian Penal Code and 27 of the Arms Act.
Learned counsel has produced web copy of order dated 18.06.2014 in Cr. Misc. No. 10291 of 2014 by which this Court has granted bail to a co-accused Manish Kumar. Let the same be kept on record.
Learned counsel for the petitioner submits that he is not named in the F.I.R. and only lateron based on the confessional statement of co-accused Manish Kumar and Ashok Kumar, he has been implicated.
Learned A.P.P. and learned counsel for the
Patna High Court Cr.Misc. No.12718 of 2014 (6) dt.07-07-2014
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informant oppose the application. They submit that Manish Kumar in his statement has vividly described the role of the petitioner as being the main person at whose behest the deceased was shot dead. They also point out to the criminal antecedent of the petitioner which discloses that there are eight other cases against him under grave sections of the Indian Penal Code as well as the Arms Act. Learned counsels further submit that Manish Kumar had clean antecedent and his only role was that he was also present at the time when the deceased was shot without him having any direct role in such occurrence.
Considering the facts and circumstances of the case and submissions of learned counsels for the parties, this Court is not inclined to enlarge the petitioner on bail. The application stands dismissed.
(Ahsanuddin Amanullah, J.)
P. Kumar
U
3 issues framed by the court
Whether petitioner, implicated based on co-accused confession and with criminal antecedents, be granted bail in IPC Section 302 Arms Act case.
Whether balance of convenience and harshness of sentence warrant bail for accused charged with murder.
Whether co-accused bail grants affect the bail prospects of the petitioner impugned in a graver offence.
Ajay Yadav @ Ajay Rai @ Ajay Gope
The State of Bihar
Ahsanuddin Amanullah
As recorded by the court registry
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