The Patna High Court rejected the petitioner's anticipatory bail application regarding a murder and arms offence due to the nature of allegations and criminal antecedents. However, it directed the petitioner to surrender for regular bail consideration.
Anticipatory bail rejected; Petitioner directed to surrender for regular bail consideration.
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IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.27895 of 2018
Arising Out of PS.Case No. -128 Year- 2017 Thana -TEGHRA District- BEGUSARAI
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.... .... Petitioner/s Versus
.... .... Opposite Party/s
====================================================== Appearance : For the Petitioner/s : Mr. Sada Nand Roy For the Opposite Party/s : Mr. Sri Pradeep Narain Kumar
====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER
2 15-05-2018 The petitioner is apprehending his arrest in connection with Phulbariya P.S. Case No. 128 of 2017 registered for offences punishable under Sections 302/34 of the Indian Penal Code and Section 27 of the Arms Act.
Allegation against the petitioner is that he is involved in committing murder of the brother of the informant.
It has been submitted on behalf of the petitioner that petitioner is not named in the F.I.R. His name has transpired in the confessional statement of co-accused Rohit Kumar, which has no evidentiary value in the eye of law.
Learned APP has submitted that petitioner has criminal antecedent of seven cases.
In view of the nature of allegation, I am not inclined to
Patna High Court Cr.Misc. No.27895 of 2018 (2) dt.15-05-2018
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grant privilege of anticipatory bail to the petitioner and it is, accordingly, rejected.
However, considering the facts and circumstances as detailed in the present application, let the petitioner surrender in the court below and the court below shall consider the case of the petitioner on its own merit and may grant regular bail without being prejudiced by this order on same day.
(Vinod Kumar Sinha, J)
sushma/U T
2 issues framed by the court
Whether to grant anticipatory bail to the petitioner apprehending arrest in murder and arms case.
Whether to direct the petitioner to surrender for regular bail consideration while rejecting anticipatory bail.
5 provisions across 3 enactments
Abhinav Kumar
The State of Bihar
Vinod Kumar Sinha
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
