petitioner seeking anticipatory bail in connection with a theft case appeared before the High Court. The Court denied anticipatory bail due to the petitioner's prior criminal cases, directing him to surrender for regular bail consideration.
Petitioner directed to surrender and seek regular bail which will be considered without prejudice to this order.
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.13071 of 2016
Arising Out of PS.Case No. -472 Year- 2015 Thana -MOHANIA District- BHABHUA (KAIMUR) ====================================================== 1. Gurucharan Ram Son of Keshaw Ram Resident of Village- Tekari Tola, P.S.-Mohania, District-Kaimur at Bhabua. .... .... Petitioner/s Versus 1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Rajani Kant Pandey For the Opposite Party/s : Mr. M.Dayal (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE KISHORE KUMAR MANDAL ORAL ORDER 2 25-04-2016 Heard counsel for the petitioner and Mr. Dayal APP for the State. Petitioner apprehends his arrest in connection with Mohania P.S. case no. 472 of 2015, registered under Section 379 of the IPC The informant alleged that parts of diesel pumping set and thrasher machine were stolen away. He raised suspicion against one Jawahar Pashi. It appears that the Jawahar Pashi made confessional statement wherein he named the petitioner. It is stated that except the confessional statement of Jawahar Pasi there is no other incriminating material against the petitioner.
Learned counsel for the State, on the other hand,
Patna High Court Cr.Misc. No.13071 of 2016 (2) dt.25-04-2016
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referred to the impugned order and also statement made in the bail application in order to contend that apart from this the petitioner has two criminal cases from before to his credit. In my view, petitioner does not deserve grant of anticipatory bail. He may surrender and seek bail. If he does so, the same shall be considered and disposed of unprejudiced by the present order.
(Kishore Kumar Mandal, J)
Shyam/-
U T
1 issue framed by the court
Whether the petitioner deserves grant of anticipatory bail considering his prior criminal cases to his credit.
Gurucharan Ram
The State of Bihar
Kishore Kumar Mandal
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
