Sanjeet Kumar Singh v. The State Of Bihar
Case brief
What is this about?
In an anticipatory bail petition under Cr. Misc. No. 2875 of 2017 arising from a kidnapping case, the High Court rejected the prayer citing the petitioner's active participation, ownership of the kidnapper vehicle, and the grave nature of the offence.
What did the court decide?
Anticipatory bail prayer rejected.
What the court decided
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.2875 of 2017
Arising Out of PS.Case No. -859 Year- 2014 Thana -BIHTA District- PATNA
====================================================== Sanjeet Kumar Singh, S/o Chandeshwar Prasad Singh, C/o-Satya Prakash Yadav, R/o Mohalla-Shastrinagar near J.D. Women's College, P.S.- Shastri Nagar, Distt.-Patna
.... .... Petitioner/s Versus The State of Bihar .... .... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Vijay Kumar Sinha For the Opposite Party/s : Mr. Damodar Prasad Tiwary, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER
6 18-04-2017
Heard Mr. Vijay Kumar Sinha, learned counsel appearing on behalf of the petitioner, Mr. Damodar Tiwary, learned Additional Public Prosecutor appearing for the State and Mr. Amarjyoti Sharma, learned counsel appearing on behalf of the informant.
The petitioner apprehends his arrest in Bihta P.S. Case No. 859 of 2014 under sections 363, 365, 364 and other sections of the Indian Penal Code.
The informant alleged in nutshell that he got information at about 12.30 hrs on 14.11.2014 that 18 persons holding arms and ammunitions came to his house and kidnapped his uncle Rajeev Ranjan Kumar @ Raju Singh. The villagers made protest, but the accused persons fled away with his uncle after
Issues for consideration
3 issues framed by the court
Whether the petitioner is entitled to anticipatory bail in Cases involving kidnapping allegations under sections 363, 365, 364 IPC
Whether the petitioner's ownership of the burnt vehicle and active participation precludes the grant of anticipatory bail despite similar grants to co-accused
Whether the heinous nature of the offence warrants rejection of anticipatory bail petition
Parties & counsel
- petitioner
Sanjeet Kumar Singh
- respondent
The State of Bihar
Coram
Prabhat Kumar Jha
Case details
As recorded by the court registry
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