This order dismisses anticipatory bail petitions filed by police personnel accused in a case involving allegations of a fake encounter. The court held that due to the gravity of the alleged offence and corroboration in the investigation, the petitioners are not fit for bail.
Bail petitions of the petitioners stood dismissed.
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.2807 of 2014
Arising Out of PS.Case No. -114 Year- 2013 Thana -MOKAMAH District- PATNA ====================================================== 1. Maheshwari Prasad Singh S/O Late Kaleshwar Prasad Singh Resident Of Village- Tardih, P.S.- Amarpur, District- Banka (Bihar). .... .... Petitioner/s Versus 1. The State Of Bihar .... .... Opposite Party/s ====================================================== with Criminal Miscellaneous No.2941 of 2014 Arising Out of PS.Case No. -114 Year- 2013 Thana -MOKAMAH District- PATNA ====================================================== 1. Bhushan Kumar Son Of Sri Bhup Narayan Yadav Resident Of Village - Godhiyari, P.S. Madhepura, District - Madhepura ( Bihar ) .... .... Petitioner/s Versus 1. The State Of Bihar .... .... Opposite Party/s ====================================================== Appearance : (In Cr.Misc. No.2807 of 2014) For the Petitioner/s : Mr. Rana Pratap Singh, Sr.Adv Mr. Rakesh Kumar, Adv For the Opposite Party/s : APP (In Cr.Misc. No.2941 of 2014) For the Petitioner/s : Mr. Rana Pratap Singh, Sr.Adv Mr. Rakesh Kumar, Adv For the Opposite Party/s : APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN C.A.V. ORDER 9 22.08.2014 Heard learned Senior counsel for the petitioners and learned APP for the State.
offences alleged under Sections 393, 307, 353, 414, 34 IPC, Sections 25 (1-b)a, 26, 27 and 35 of the Arms Act and
Patna High Court Cr.Misc. No.2807 of 2014 (9) dt.22-08-2014
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subsequently added Sections 302, 201, 120B/34 IPC registered in connection with Mokama P.S. Case No. 114 of 2013.
Patna High Court Cr.Misc. No.2807 of 2014 (9) dt.22-08-2014
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recovery of country made pistol and live cartridges, khukri etc., for which seizure list was also prepared. It has been stated that the said scorpio vehicle had tried to overtake the truck for purposes of looting the same. But on arrival of the police party, the miscreants tried to escape by firing upon the police party. Hence, on the basis of self statement of the informant, Mokama P.S. Case No. 114 of 2013 came to be registered against two deceased persons and unknown miscreants.
Patna High Court Cr.Misc. No.2807 of 2014 (9) dt.22-08-2014
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offence in which two innocent persons are alleged to have been killed in a fake encounter by a police party of which the petitioners were also members and had actively participated in the offence, which fact finds corroboration in course of investigation by the C.I.D. as noticed by the learned Additional Sessions Judge–I, Barh from numerous paragraphs of the case diary, this Court does not find it a fit case for grant of the privilege of anticipatory bail to the petitioners. The bail petitions accordingly stand dismissed.
(Vikash Jain, J)
Chandran U T
2 issues framed by the court
Whether the petitioners are eligible for the grant of anticipatory bail in a case alleging fake encounter killing.
Whether the investigated facts and gravity of the offence warrant refusal of anticipatory bail.
Maheshwari Prasad Singh
Bhushan Kumar
The State Of Bihar
Vikash Jain
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
