Chitranjan Singh v. The State Of Bihar
Case brief
What is this about?
Petitioner sought anticipatory bail in a case alleging snatching with a pistol threat. He was not in the FIR but named by a caught co-accused on his chase. Bench refused bail pending inquiry into antecedents and likelihood of absconding.
What did the court decide?
Application for anticipatory bail rejected; petitioner directed to surrender within four weeks.
What the court decided
A compact analysis
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.18870 of 2016
Arising Out of PS.Case No. -14 Year- 2016 Thana -BHOJPUR GRP CASE District- BHOJPUR ====================================================== 1. Chitranjan Singh Son of Lakkar Singh @ Kamal Kishore Singh, Resident of Village- Anaihth Ahir Toli, P.S.- Ara Nawadaah, District- Bhojpur at Ara (Bihar). .... .... Petitioner/s Versus 1. The State of Bihar. .... .... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Manoj Kumar For the Opposite Party/s : Mr. Rajendra Prasad Nat (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER
2 06-05-2016 Heard learned counsel for the petitioner and the learned Addl. Public Prosecutor, appearing on behalf of the State. This application for grant of anticipatory bail arises out of complaint case No. 14 of 2016, disclosing offences under Sections 394 and 412 of the Indian Penal Code.
Petitioner is not named in the F.I.R. Allegation is of snatching from the informant, cash of Rs.9630/- and a mobile phone, on the point of pistol. One of the robbers was caught hold of by the police on chase, who disclosed the name of the petitioner as one of accomplice.
Learned counsel for the petitioner has submitted that the petitioner has no criminal antecedent and he has been
Patna High Court Cr.Misc. No.18870 of 2016 (2) dt.06-05-2016
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implicated because the co-accused, who made confessional statement before the police, is on inimical term. Considering the nature of accusation, I am not inclined to grant the petitioner privilege of anticipatory bail. This application is, accordingly, rejected. The petitioner is directed to surrender before the court below within four weeks from today and seek regular bail, if so advised. If they do so, their application for regular bail shall be considered on its own merits, without being prejudiced by rejection of present application for grant of anticipatory bail.
Issues for consideration
3 issues framed by the court
Whether anticipatory bail is to be granted in a case alleging snatching with a threat from a weapon when the petitioner is not named in the FIR.
Whether the name of an accomplice disclosed during a chase is sufficient to implicate the petitioner.
Whether the nature of accusation warrants refusal of anticipatory bail.
Parties & counsel
- petitioner
Chitranjan Singh
- respondent
The State of Bihar
Coram
Chakradhari Sharan Singh
Case details
As recorded by the court registry
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