Dismissed
Heera Singh v. the State of Bihar
Patna HCCR. MISC./16278/2019
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COURT OF JUDICATURE AT PATNA CRIMINAL…
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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.16278 of 2019
Arising Out of PS. Case No.-124 Year-2017 Thana- BALIYA District- Begusarai
======================================================
HEERA SINGH Son of Late Satya Narayan singh Resident of Village - Samastipur, P.S.- S.Kamal, Distt.- Begusarai
... ... Petitioner/s
Versus
THE STATE OF BIHAR
... ... Opposite Party/s
====================================================== Appearance : For the Petitioner/s : Mr.Rabi Bhushan For the Opposite Party/s : Mr.Tarun Prasad Mandal ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER
4 17-05-2019 Heard learned counsel for the parties.
The petitioner is apprehending his arrest in connection with Ballia P.S.Case No.124 of 2017 , registered for offences punishable under Sections 363 and 34 of the Indian Penal Code.
At the very outset, the learned A.P.P. has pointed out that the processes under Sections 82 and 83 Cr.P.C. have already been exhausted in the month of February, 2019, prior to filing of this application.
Allegation is against this petitioner of kidnapping of the minor son of the informant.
Submission of the learned counsel for the petitioner is that except suspicion due to land dispute there is absolutely
Patna High Court CR. MISC. No.16278 of 2019(4) dt.17-05-2019 2/2
nothing against this petitioner and the independent witnesses have not supported the prosecution case.
Having heard both sides and in view of the facts and circumstances, as stated above, I am not inclined to grant privilege of anticipatory bail to the petitioner, however, if the petitioner moves for grant of regular bail, the same shall be considered on the basis of submission made above and if possible to be disposed of on the same day.
With the above direction, this application is disposed
of.
(Vinod Kumar Sinha, J)
chn/-
U T
3 issues framed by the court
Whether anticipatory bail should be granted to the petitioner apprehending arrest for kidnapping and culpable homicide.
Whether the petitioner is entitled to regular bail or if the application for anticipatory bail should be dismissed.
Whether the case involves offences under Sections 363 and 34 of the Indian Penal Code.
2 provisions across 2 enactments
Heera Singh
The State of Bihar
Vinod Kumar Sinha
As recorded by the court registry
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