This order deals with two connected criminal miscellaneous petitions arising from a double murder case. The High Court rejected the petitioners' prayer for anticipatory bail.
The prayers for anticipatory bail in connection with Saharsa Sadar P.S. Case No. 19 of 2015 are rejected.
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.12618 of 2015
Arising Out of PS.Case No. -19 Year- 2015 Thana -SAHARSA District- SAHARSA ====================================================== 1. Kameshwar Yadav Son of Late Nand Lal Yadav Resident of village - Patuaha, Police Station - Saharsa Sadar, District - Saharsa .... .... Petitioner/s Versus 1. The State of Bihar .... .... Opposite Party/s ====================================================== with Criminal Miscellaneous No.20109 of 2015 Arising Out of PS.Case No. -19 Year- 2015 Thana -SAHARSA District- SAHARSA ====================================================== Ajay Yadav son of Bhowi Yadav .... .... Petitioner/s Versus The State of Bihar .... .... Opposite Party/s ====================================================== Appearance : (In Cr.Misc. No.12618 of 2015) For the Petitioner/s : Mr. Shailendra Kumar Singh For the Opposite Party/s : Mr. Aditya Nr. Singh1 (App) (In Cr.Misc. No.20109 of 2015) For the Petitioner/s : Mr. Sameer Ranjan For the Opposite Party/s : Mr. Ram Naresh Roy (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 2 21-05-2015 Both the above stated petitions arise out of Saharsa Sadar P.S.Case No. 19 of 2015 registered under section 302, 120B/34 of the Indian Penal Code and accordingly, both the above stated are being disposed of by this common order. Petitioners are named in the first information report with specific allegation that they participated in the alleged crime.
Patna High Court Cr.Misc. No.12618 of 2015 (2) dt.21-05-2015
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Learned counsels appearing for the petitioners submits that the deceased was dreaded criminal and he was killed by some other persons but the informant lodged this false case against the petitioners due to enmity and political rivalry.
Regard being had to the facts and circumstances of the case as well as submission of the parties, I am not inclined to grant privilege of anticipatory bail to the petitioners and accordingly, their prayer for anticipatory bail in connection Saharsa Sadar P.S.Case No. 19 of 2015, pending in the court of Chief Judicial Magistrate, Saharsa stands rejected.
(Hemant Kumar Srivastava, J)
Namita/-
U T
1 issue framed by the court
Whether anticipatory bail should be granted to the petitioners named in the first information report alleging participation in the crime.
1 provisions across 1 enactments
KAMESHWAR YADAV AND OTHERS
AJAY YADAV AND OTHERS
THE STATE OF BIHAR
HEMANT KUMAR SRIVASTAVA
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
