The Patna High Court rejected a joint bail application filed by three accused persons detained in a police custody case involving kidnapping for ransom, attempted murder, and arms offenses. The court held that the nature of the serious offense precluded release on bail.
The prayer for bail of all three petitioners 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.62460 of 2017
Arising Out of PS.Case No. -616 Year- 2017 Thana -BHAGALPUR KOTWALI DistrictBHAGALPUR
.... .... Petitioners
Versus
The State of Bihar
.... .... Opposite Party
====================================================== Appearance : For the Petitioner/s : Mr. Mritunjay Prasad Singh For the Opposite Party/s : Mr. Sri Kanhaiya Kishore
====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR ORAL ORDER
3 16-02-2018
Petitioner, already in custody, seeks bail in Kotwali PS Case No. 616 of 2017 registered under Sections 364A, 307/34 of the IPC and Section 27 of the Arms Act..
The allegation in brief is that the petitioners kidnapped the informant for ransom, brought him back on the same day to the shop and asked to bring back money from the shop but when he came near the shop he raised alarm and police apprehended the people sitting in the vehicle. It is also alleged that while the informant was in the captivity of the accused they tried to strangulate him and also opened fire but it hit one Vikram Kumar.
Learned Counsel for the petitioner submits that the story is improbable, so called spent cartridges were recovered from the vehicle whereas allegation is that fire was opened while the informant was in their captivity. It is further submitted that petitioner No. 3 is servant of other petitioners and only allegation against him is that he served food to the victim while in captivity and was not
Patna High Court Cr.Misc. No.62460 of 2017 (3) dt.16-02-2018
2
apprehended from the spot.
Learned Counsel for the State submits that it is a case of kidnapping for ransom, they brought the victim to the shop for collecting money but when the informant raised alarm petitioner Nos. 1 and 2 were apprehended along with the vehicle and petitioner No. 3 was also involved in the occurrence.
Having considered the said facts, circumstances and the nature of the offence the prayer for bail of the petitioners is rejected.
(Arun Kumar, J)
Snkumar/-
U T
3 issues framed by the court
Whether the petitioners, already in custody on charges of kidnapping for ransom with attempts to murder and use of arms, are entitled to bail.
Whether the allegations of kidnapping, ransom demands, and use of firearms against the petitioners justify rejection of their bail application.
Whether the involvement of Petitioner No.3 as a servant necessitates rejection of his bail amidst allegations of providing food to the captive.
3 provisions across 2 enactments
Abinash Kumar
Gautam Kumar Choudhary
Khageshwar Das
The State of Bihar
Arun Kumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
