Awaiting arrest in a criminal case, the petitioner applied for anticipatory bail. The Court denied anticipatory bail but granted liberty to surrender within four weeks for regular bail consideration.
Anticipatory bail denied; liberty granted to surrender within four weeks for consideration of regular bail.
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IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.49647 of 2016
Arising Out of PS.Case No. -293 Year- 2015 Thana -SUPAUL District- SUPAUL
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.... .... Petitioner/s
Versus 1. The State of Bihar 2. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Pramod Mishra For the Opposite Party/s : Mr. Yogendra Kr. Singh(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER
Petitioner is apprehending his arrest in a case registered for offences punishable under Sections 406, 409, 467, 468, 471, 420 and 120B of the Indian Penal Code.
It has been submitted on behalf of the petitioner that petitioner’s name transpired in this case only on the basis of confessional statement made by co-accused and he has not been named in the First Information Report.
Heard learned A.P.P. also.
Having heard both sides and in view of the fact that petitioenr’s name has come in this case after verification of the C.C.T.V. footage, in which he was identified and there are also
Patna High Court Cr.Misc. No.49647 of 2016 (2) dt.19-12-2016
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certain other materials available against the petitioner, I am not inclined to grant the petitioner the privilege of anticipatory bail. However if the petitioner surrenders before the Court below within a period of four weeks from today, his prayer for regular bail may be considered by learned Court below on its own merit, without being prejudiced by this order.
(Vinod Kumar Sinha, J)
sunil/-
U T
3 issues framed by the court
Whether the petitioner is entitled to anticipatory bail in the circumstances of the case.
Whether the petitioner should be granted regular bail if he surrenders.
Whether identification from CCTV footage influences the bail decision.
1 provisions across 1 enactments
Digambar Jha
The State of Bihar
Vinod Kumar Sinha
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
