The Patna High Court refused an application for anticipatory bail in an attempted murder case, noting the petitioner is absconding, has a delayed application, and his name appeared in a co-accused confession.
Anticipatory bail refused; petitioner granted four weeks to surrender for regular bail consideration.
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.22461 of 2019
Arising Out of PS. Case No.-35 Year-2014 Thana- GURUA District- Gaya
======================================================
CHHOTU @ RAVI RANJAN Son of- Awadesh Singh @ Awadesh Prasad Resident of village-Birpur, P.S.- Ghoshi, District- Jehanabad
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr.Ashok Kumar, Advocate For the Opposite Party/s : Mr.Syed Ehteshamuddin, APP ======================================================
CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER
4 16-07-2019
Heard learned counsel for the petitioner and learned
APP for the State.
The petitioner in the present case is seeking anticipatory bail in connection with Gurua P.S. Case No. 35 of 2014 registered for the offences punishable under Section 395 of the Indian Penal Code and Section 27 of the Arms Act.
Learned counsel for the petitioner submits that the name of the petitioner has transpired in the confessional statement of the co-accused, however, nothing has been recovered from his possession. It is further submitted that the petitioner has no criminal antecedent.
Learned counsel for the State has opposed the prayer for bail as according to him the anticipatory bail is fit to be rejected on the ground that the petitioner has moved this Court after five years from the date of lodgment of the first
Patna High Court CR. MISC. No.22461 of 2019(4) dt.16-07-2019 2/2
information report and when the name of the petitioner has already surfaced in the confessional statement of co-accused.
This Court is not willing to extend the benefit of anticipatory bail to the petitioner considering that the case is of the year 2014 and chargesheet has already been filed under Section 395 IPC against other co-accused whereas the petitioner is absconding and it has come in the case diary that order for attachment of his property has already been issued. The prayer for anticipatory bail is, thus, refused.
In case the petitioner surrenders in the court below within a period of four weeks from today and prays for regular bail, his prayer will be considered by the court below on the basis of the materials available on the record.
(Rajeev Ranjan Prasad, J)
avin/-
U T
2 issues framed by the court
Whether anticipatory bail should be granted to the petitioner in a case involving attempted murder and possession of firearms where he is alleged to be absconding.
Whether the delay in filing the bail application after five years and the petitioner's name appearing in a co-accused confessional statement justify refusal of bail.
2 provisions across 2 enactments
Chhotu @ Ravi Ranjan
The State of Bihar
Rajeev Ranjan Prasad
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
