Two petitions for anticipatory bail were filed in two cases arising from the same incident involving alleged drowning and murder. The High Court heard both side submissions and rejected the applications based on the nature of the allegations.
Anticipatory bail applications rejected.
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IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.49347 of 2014
Arising Out of PS.Case No. -188 Year- 2013 Thana -CHAKIA DistrictEASTCHAMPARAN(MOTIHARI)
====================================================== 1. Bachcha Singh @ Digvijay Narayan Singh Son of Shri Rajdeo Singh 2. Sonu Kumar Son of Shri sudhakar Prasad Singh @ Sudhakar Singh Both Resident of Village- Ghanghati, P.S. Chakiya, District East Champaran. .... .... Petitioner/s Versus 1. The State of Bihar .... .... Opposite Party/s ====================================================== with Criminal Miscellaneous No.51418 of 2014 Arising Out of PS.Case No. -188 Year- 2013 Thana -CHAKIA DistrictEASTCHAMPARAN(MOTIHARI) ====================================================== 1. Rajeev Ranjan S/o laliteshwar Prasad Singh 2. Sonu Kumar S/o Laliteshwar Prasad Singh Both of Village Ghanghti, P.S. Chakia, District East Champaran. .... .... Petitioner/s Versus 1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance : (In Cr.Misc. No.49347 of 2014) For the Petitioner/s : Mr. Patanjali Rishi For the Opposite Party/s : Mr. S.D. Singh Yadav (App) (In Cr.Misc. No.51418 of 2014) For the Petitioner/s : Mr. Sangeet Deokuliar For the Opposite Party/s : Mr. Ram Naresh Rai (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 4 07-04-2015 Both the anticipatory bail applications have been heard together and they are being disposed of by this common order.
Heard both sides.
Patna High Court Cr.Misc. No.49347 of 2014 (4) dt.07-04-2015
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The petitioners apprehend their arrest in Chakia P.S. Case No. 188 of 2013 registered under sections 302, 102B of the Indian Penal Code.
The informant made allegation that the petitioners took his brother Rakesh Kumar Pandey to Chakia and the informant informed that his brother died due to drowning . The dead body of Rakesh Kumar Pandey was kept in an Ambulance and was taken to S.K.M.C.H., Muzaffarpur where he was declared dead. The brother of the informant was not in a condition to lodge the case and on his statement U.D. Case was registered. Later on the informant after seeing the photograph came to know that the petitioners have committed the murder of Rakesh Kumar Pandey.
Learned counsel for the petitioners submits that the U.D. case was registered by the own brother of the informant and he did not make any sort of allegation against the petitioner but later on the present case is filed.
Learned counsel for the informant submits that the brother of the informant was murdered. The doctor did not find the case of drowning and viscera was preserved during the course of investigation the witnesses have also supported the fact of killing.
Patna High Court Cr.Misc. No.49347 of 2014 (4) dt.07-04-2015
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Having considered the fact and the nature of allegation made against the petitioners, I am not inclined to enlarge the petitioners on anticipatory bail. Accordingly the same is rejected.
(Prabhat Kumar Jha, J)
M.Rahman/-
U T
1 issue framed by the court
Whether the petitioners are entitled to be enlarged on anticipatory bail in a murder case.
1 provisions across 1 enactments
Bachcha Singh @ Digvijay Narayan Singh and Sonu Kumar
Rajeev Ranjan S/o laliteshwar Prasad Singh and Sonu Kumar
The State of Bihar
Prabhat Kumar Jha
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
