Justice Prabhate Kumar Jha rejected the petitioner's application for anticipatory bail in a case of highway robbery. The petitioner, not named in the FIR, apprehended arrest based on a confessional statement. Being a repeat offender, the court denied bail.
The application for anticipatory bail was 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.
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.43643 of 2017
Arising Out of PS.Case No. -9 Year- 2014 Thana -LALGANJ District- VAISHALI (HAJIPUR)
====================================================== 1. ASHISH RANJAN KUMAR @ ASHISH RANJAN @ BABUL @ BABUL KUMAR Son of Dilip Kumar Shukla, R/o Village- Atwarpur, P.S.Lalganj, District- Vaishali.
.... .... Petitioner/s Versus .... .... Opposite Party/s
====================================================== Appearance : For the Petitioner/s : Mrs. Kumari Jyoti For the Opposite Party/s : Mr. Sri Ram Priya Saran Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER
4 02-01-2018 Heard both sides.
The petitioner apprehends his arrest in Lalganj P.S. case No. 09 of 2014 for the offences punishable under Section 392 of the Indian Penal Code.
The learned counsel for the petitioner submits that petitioner is not named in the FIR. The informant lodged the case against two unknown persons alleging therein that they forcibly got up in his pick-up van loaded with spice and they sold away the spice and fled away with pick-up van after tying him with a tree. The learned counsel for the petitioner submits that petitioner was arrested in Lalganj P.S. case No. 33 of 2014 but he was not remanded in this case. The petitioner was not put in T. I. parade.
Patna High Court Cr.Misc. No.43643 of 2017 (4) dt.02-01-2018
2/2
Similarly situated other accused persons have already been granted regular bail.
It appears that, of course, the petitioner is not named in the FIR but the name of petitioner figured in the case on the basis of confessional statement made by him in Lalganj P.S. case No. 33 of 2014. It is a case of highway robbery of a vehicle loaded with spice. The petitioner has got criminal antecedent.
Considering the facts aforesaid, I am not inclined to enlarge the petitioner on anticipatory bail. Accordingly, the same is rejected.
(Prabhat Kumar Jha, J)
BKS/-
U T
3 issues framed by the court
Whether to grant anticipatory bail to the petitioner who apprehends arrest in a case of highway robbery but is not named in the FIR.
Whether the petitioner's criminal antecedents and the existence of statements against him warrant a grant of bail.
Whether the petitioner's irregular involvement in the case (via a confessional statement) is a valid ground for anticipatory bail.
1 provisions across 1 enactments
Ashish Ranjan Kumar
The State of Bihar
Prabhat Kumar Jha
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
