The Patna High Court rejected the petitioner's application for anticipatory bail in a kidnapping case, citing that the petitioner is named in the FIR, while noting that co-accused were granted regular bail by another bench.
Application for anticipatory bail rejected; petitioner directed to surrender and apply for regular bail before the court below.
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IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.27894 of 2015
Arising Out of PS.Case No. -226 Year- 2010 Thana -BARACHATTI District- GAYA ====================================================== 1. Santosh Paswan Son of Basudeo Paswan Resident of village - Jaigir, P.S. Barachatti, District - Gaya .... .... Petitioner/s Versus 1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Dhirendra Kumar For the Opposite Party/s : Mr. Rajiv Nayan(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 3 29-09-2015 Heard learned counsel for the petitioner and the State. The petitioner is apprehending his arrest in Barachatti P.S.Case no. 226 of 2010 instituted under Sections 323, 364,34 of the Indian Penal Code and 27 of Arms Act, pending in the Court of Sri Narendra Pal, Judicial Magistrate,1st class, Sherghati, District-Gaya.
The accusation is of kidnapping Md. Kaisar, the son of the informant, Serajuddin, by sixteen persons named in the FIR including the petitioner and some unknown extremists.
It has been submitted on behalf of the petitioner that the petitioner has got no criminal antecedent. The petitioner has been falsely implicated in the present case. It is further submitted that other co-accused has been granted regular bail by a
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bench of this Hon’ble Court, vide order dated 15.05.2014 in Cr. Misc. No.12652 of 2014.
On behalf of the State, it has been submitted that the petitioner is named in the FIR.
Considering the aforesaid facts, I am not inclined to grant anticipatory bail to the petitioner and same is rejected.
Any how, if the petitioner surrenders in the court below and pray for regular bail, same shall be considered by the court below on its sown merit without being prejudiced by this order of rejection taking into account that other co-accused has been granted regular bail.
(Sudhir Singh, J)
singh/-
U T
2 issues framed by the court
Whether anticipatory bail should be granted to the petitioner in a kidnapping case?
Whether the petitioner is falsely implicated in the case?
2 provisions across 2 enactments
Santosh Paswan
The State of Bihar
Sudhir Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
