Appeal filed challenging the refusal of anticipatory bail in a murder case involving a bomb attack. The High Court dismissed the appeal, rejecting the bail prayer in view of the serious charges and witness statements against the appellants.
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 APPEAL (SJ) No.307 of 2019
Arising Out of PS. Case No.-3 Year-2008 Thana- RASULPUR District- Saran
======================================================
... ... Appellant/s
Versus
The State Of Bihar
... ... Respondent/s
====================================================== Appearance : For the Appellant/s : Mr. Ashok Kumar Mishra For the Respondent/s : Mr. Binay Krishna ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL
ORAL ORDER
6 09-07-2019
Heard learned counsel for the appellants and learned Spl. PP for the State.
This is an appeal under Section 14(A)(2) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act against the refusal of prayer of anticipatory bail vide order dated 14.09.2018 passed by learned 1st Addl. Sessions Judge, Saran at Chapra in Rasulpur P.S. Case No. 3 of 2008 registered under Section 302/34 of the Indian Penal Code, Section 3/4 of the Explosive Substances Act and Section 3(i)(x) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act.
Appellant Bajrangi Mishra is said to have intruded
Patna High Court CR. APP (SJ) No.307 of 2019(6) dt.09-07-2019 2/3
into the house of the deceased to commit theft and on witnessing by the deceased and making hulla, he left the scene. He always used to extend threatening of dire consequence to her and one month later while deceased had gone for defecation, both the appellants committed her murder by hurling bomb upon her. They were seen escaping from the place of occurrence after the occurrence by the informant and the witnesses.
It is submitted by learned counsel for the appellants that the appellants have no concern with the aforesaid occurrence. As a matter of fact, the husband of the deceased had kept the wife of his pre-deceased brother, namely, Dwarika Ram with him over which there was feud between the deceased and her husband and daughter of Dwarika Ram had left with the appellant no. 1 out of her sweet will one month prior to the alleged occurrence and performed marriage with her and is living in Delhi. Out of the aforesaid grudge, the appellants have been falsely implicated in this case. Appellants have no criminal antecedent, hence, they may be enlarged on bail.
Per contra, learned Spl P.P. for the State opposing the bail prayer of the appellants submitted that earlier to the occurrence, the appellant Bajrangi Mishra has made attempt to commit theft intruding into the house of the deceased and on
Patna High Court CR. APP (SJ) No.307 of 2019(6) dt.09-07-2019 3/3
witnessing by the deceased, he left her house extending threatening of dire consequence to her and finally both the appellants, who happen to be own brother committed murder of the deceased by hurling bomb upon her while she had gone for defecation in the field. Witnesses in various paragraphs of the case diary have unanimously divulged the factum of witnessing the appellants escaping from the place of occurrence just after the occurrence. Informant in his further statement and witnesses in paragraphs 9, 10 and 15 of the case diary have unanimously stated about overhearing of interaction between the appellants and other accused persons about elimination of the deceased sitting near the place of occurrence a day preceding to the occurrence, hence, the appellants do not deserve bail.
In the facts and circumstances of the case, I am not inclined to enlarge the appellants on bail. Accordingly, their prayer is rejected and this appeal is dismissed.
(Prakash Chandra Jaiswal, J)
rohit/-
U T
2 issues framed by the court
Whether the appellants are entitled to a conditional or unconditional anticipatory bail order in a murder case allegedly motivated by caste-based grievances?
Whether the refusal of anticipatory bail by the lower court should be set aside in view of the appellants' claim of being falsely implicated?
Bajrangi Mishra
Balwant Mishra
The State Of Bihar
Prakash Chandra Jaiswal
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
