The Patna High Court rejected the petition for pre-arrest bail in a criminal trial involving serious offences including murder and murder-at-large. The Court refuted the submission of false implication and noted the petitioner's prolonged absence.
Prayer for pre-arrest bail stood rejected.
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.
Patna High Court Cr.Misc. No.22853 of 2017 (3) dt.07-07-2017
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.22853 of 2017
Arising Out of PS.Case No. -162 Year- 2009 Thana -BAKHTIYARPUR District- PATNA
====================================================== Surendra Rai Son of Yogi Rai, Resident of Village- Chiraiya, Harnahia, P.S. Bakhtiyarpur, District- Patna. .... .... Petitioner Versus The State of Bihar .... .... Opposite Party ====================================================== Appearance : For the Petitioner/s : Mr. Om Nath Singh For the Opposite Party/s : Mr. Sri Brajendra Nath Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER
The petitioner apprehends his arrest in connection with Bakhtiyarpur P.S. Case No. 162 of 2009 registered for the offences punishable under Sections 147, 148, 149, 324 and 307 of the Indian Penal Code in which Section 302 IPC was added later on and Section 27 of the Arms act.
This case is of the year 2009 and the petitioner is named in the first information report. The case is under Section 302 and other allied Sections of the Indian Penal Code. Other co-accused have faced trial and were convicted by the learned trial court but have been acquitted in criminal appeals by this Hon’ble Court vide judgment dated 02.03.2016.
Submission is of false implication and that as the case has been found not true against other co-accused, the petitioner
Patna High Court Cr.Misc. No.22853 of 2017 (3) dt.07-07-2017
deserves sympathetic consideration. The allegation of firing is also not against the petitioner and the petitioner is only the member of mob. The Police has not proceeded against him resulting he was not apprehended nor he has surrendered.
Learned APP opposes the prayer of pre-arrest bail by submitting that the petitioner has remained absconding since long and as such he does not deserve sympathetic consideration.
In the facts and circumstances stated above, considering the period of abscondance, this Court is not persuaded to grant the privilege of pre-arrest bail to the petitioner, accordingly, his such prayer stands rejected.
(Jitendra Mohan Sharma, J)
avin/-
U T
2 issues framed by the court
Whether the petitioner is entitled to pre-arrest bail in a case involving Section 302 IPC where he has absconded since filing the petition.
Whether sympathy due to acquittal of co-accused in an appeal warrants granting bail to a petitioner who remained at large.
Surendra Rai
The State of Bihar
Jitendra Mohan Sharma
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
