This is an oral order rejecting a petition for anticipatory bail. The High Court denied relief due to the nature of the charge, where the petitioner became a fellow accused after confession by the principal accused.
Application for anticipatory bail under Section 438 CrPC is 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.44592 of 2015
Arising Out of PS.Case No. -468 Year- 2015 Thana -BETTIAH TOWN DistrictWESTCHAMPARAN(BETTIAH) ====================================================== Mukesh Kumar Son of Laxman Mahto R/o Village Pakki Fulwari, P.S. Kalibagh (O.P.) District West Champaran at Bettiah .... .... Petitioner Versus The State of Bihar .... .... Opposite Party ====================================================== Appearance : For the Petitioner/s : Mr. Raghunandan Kumar Singh, Advocate For the Opposite Party/s : Mr. Ajay Kr. Jha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL ORDER 2 14-10-2015 Heard learned counsel for the petitioner and learned counsel for the State. The petitioner seeks pre-arrest bail in connection with Bettiah Town P. S. Case No. 468 of 2015 registered under Sections 413, 414, 467, 468, 471/34 of the Indian Penal Code.
According to the prosecution case, on confidential information, S.H.O. of Kalibagh (O.P.) raided the house of one Raj Kumar and on search thereof, one Apache Motorcycle was recovered from his house. On interrogation, he disclosed that the said vehicle was stolen one and was given to him by the petitioner.
Learned counsel for the petitioner has submitted that the petitioner has been falsely implicated in this case. His name was
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disclosed by co-accused Raj Kumar due to enmity existing from before. He has further contended that there is no positive evidence against the petitioner in the case-diary.
Learned counsel for the State has opposed the application filed on behalf of the petitioner under Section 438 of the Code of Criminal Procedure.
Regard being had to the nature of allegation, I am not inclined to grant anticipatory bail to the petitioner. Accordingly,
the application is rejected.
(Ashwani Kumar Singh, J.)
Kanchan/-
U T
2 issues framed by the court
Whether anticipatory bail should be granted to the petitioner under Section 438 CrPC.
Whether the allegations against the petitioner establish probable cause to deny bail.
2 provisions across 2 enactments
Mukesh Kumar
The State of Bihar
Ashwani Kumar Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
