Two petitioners challenged the arrest in a murder-related case. The High Court considered their plea for anticipatory bail, noting criminal antecedents and the prosecution's prima facie case. The court rejected the plea.
Bail was rejected considering criminal antecedents and prima facie evidence of crime.
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.29054 of 2016
Arising Out of PS.Case No. -235 Year- 2016 Thana -LAKHISARAI District- LAKHISARAI
====================================================== 1. Binod Singh 2. Bipin Singh Both sons of Chunchun Singh Residents of village Lodiya, P.S. Lakhisarai, District Lakhisarai.
.... .... Petitioners Versus The State of Bihar .... .... Opposite Party ====================================================== Appearance : For the Petitioners : Mr. Bhola Prasad, Advocate. Mr. Amar Nath Singh, Advocate. For the Opposite Party : Mr. Parmanand Prasad, APP. For the Informant : Mr. Krishna Prasad Singh, Sr. Advocate. ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER
6 17-11-2016 Heard both sides.
The petitioners apprehend their arrest in Lakhisarai P.S. Case No. 235 of 2016 registered for the offences punishable under Sections 302, 201 and 120B of the Indian Penal Code.
The informant, brother of the deceased, alleged that on 14.05.2016 the petitioner and others took his brother but his brother did not return. On enquiry, the petitioners and other accused persons have not given satisfactory reply. On 15.05.2016 the dead body of the deceased was found one kilometer north to the village.
Shri Bhola Prasad, learned counsel appearing on behalf of the petitioners submits that the informant, of course, named the petitioners along with other accused persons that on 14.05.2016 in
Patna High Court Cr.Misc. No.29054 of 2016 (6) dt.17-11-2016
2/3
the morning the petitioners took his brother and the dead body was recovered on 15.05.2016, but the post-mortem report shows that the death was occurred within 3 – 5 days. It is further submitted that if the post-mortem report is believed, the entire prosecution case is not worth reliable. The deceased was killed somewhere else much prior to the occurrence and due to village politics the petitioners have falsely been implicated in the case. The petitioner no. 2 is the branch manager.
Shri Krishna Prasad Singh, learned senior counsel appearing on behalf of the informant and the learned APP vehemently opposed the prayer for anticipatory bail of the petitioners and submitted that the petitioners have got criminal antecedent and on the same facts anticipatory bail of co-accused Randhir Singh and Rajesh Singh have already been rejected vide order passed in Cr. Misc. No. 31669 of 2016 on 26.09.2016.
It appears that the informant saw the petitioners and other accused persons taking away his brother in the morning of 14.05.2016 and, on 15.05.2016 at about 02:30 P.M., the dead body was found one kilometer north to the village. The doctor in his post-mortem report held that the death was occurred within 3 – 5 days and it is not stated that the death was caused before three days. Admittedly, after 36 hours the dead body was recovered.
Patna High Court Cr.Misc. No.29054 of 2016 (6) dt.17-11-2016
3/3
Considering the facts aforesaid and the fact that the petitioners have got criminal antecedent, I am not inclined to enlarge the petitioners above named on anticipatory bail. Accordingly, the same is rejected.
(Prabhat Kumar Jha, J.)
KKSINHA/U T
3 issues framed by the court
Whether the petitioners are entitled to anticipatory bail in a case involving offences under Sections 302, 201 and 120B IPC.
Whether the existence of criminal antecedents and the prima facie proof of crime preclude the grant of anticipatory bail.
Whether the discrepancy in the post-mortem report regarding the time of death negates the prosecution case sufficiently for bail.
1 provisions across 1 enactments
Binod Singh
Bipin Singh
The State of Bihar
Prabhat Kumar Jha
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
