The Patna High Court rejected the petitioner's application for anticipatory bail. The court held that the serious nature of the allegations regarding the murder accused meant bail was not inclined to be granted at that stage.
Prayer for anticipatory bail 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.6138 of 2018
Arising Out of PS.Case No. -438 Year- 2017 Thana -NAUBATPUR District- PATNA
====================================================== Raghuvender Kumar @ Raghuvender Mahto, son of Ranjeet Kumar @ Ranjeet Mahto, Resident of Nizampur, Police Station- Naubatpur, DistrictPatna.
.... .... Petitioner
Versus
The State of Bihar.
.... .... Opposite Party
====================================================== Appearance :
For the Petitioner/s : Mr. Akhauri Kamal Kishore Sahay, Advocate For the Opposite Party/s : Mr. Satyendra Narayan Singh, APP
====================================================== CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY ORAL ORDER
3 13-02-2018 Heard learned counsel for the petitioner and learned counsel for the State.
In this case, the petitioner is seeking anticipatory bail in connection with Naubatpur P.S. Case No.438 of 2017, registered for the offence punishable under Sections 302 and 120B/34 of the Indian Penal Code.
The informant has lodged an F.I.R that his brother, namely, Ganesh Mahto, had gone outside the house on 16.12.2017 in the evening, but did not return back. It has been alleged that he has every believe that Amarjeet Mahto, Ranjeet Mahto, Jitender Mahto, Raghuvender Kumar and Narender Kumar, have killed his brother as they have threatened him as well as his brother to life.
Patna High Court Cr.Misc. No.6138 of 2018 (3) dt.13-02-2018
2/2
Learned counsel for the informant submits that there
was a reasonable believe of the informant that it is the petitioner and other co-accused persons are involved in death of his brother and he has further submitted that the bail application of coaccused namely, Ranjit Mahto and Amarjeet Mahto, has been rejected by a co-ordinate Bench this Court vide Criminal Miscellaneous No.7022 of 2018.
Looking to the nature of allegation, this Court is not inclined to grant anticipatory bail to the petitioner. Accordingly, the prayer for bail is rejected.
(Shivaji Pandey, J)
pawan/-
U T
3 issues framed by the court
Whether anticipatory bail should be granted to the petitioner in a murder conspiracy case.
Whether the preliminary allegations warrant the issuance of anticipatory bail.
Whether the rejection of a co-accused's bail application influences this petitioner's bail.
1 provisions across 1 enactments
Raghuvender Kumar @ Raghuvender Mahto
State of Bihar
Shivaji Pandey
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
