The Patna High Court dismissed an application for anticipatory bail. The court denied the privilege and directed the petitioner to surrender and seek regular bail from the trial court.
Prayer for anticipatory bail rejected; direction to surrender and apply for regular bail before trial court.
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.5582 of 2019
Arising Out of PS. Case No.-289 Year-2018 Thana- BARARI District- Katihar
======================================================
Rupesh Yadav, Son of Pitambaer Yadav Vill.- Jarlahi Bandh, P.S.- Barari, District – Katihar.
... ... Petitioner/s
Versus
The State Of Bihar Bihar
... ... Opposite Party/s
====================================================== Appearance : For the Petitioner/s : Mr.Mukesh Kumar Jha For the Opposite Party/s : Mr.Arun Kumar Pandey ======================================================
CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER
6 07-05-2019 This application, for grant of anticipatory bail, arises
out of Barari P.S. Case No. 289/18, disclosing offences under Sections 302, 201, 120(B) and 34 of the Indian Penal Code.
Allegation as per F.I.R. is that the deceased was taken by the petitioner and on next day, his dead body was recovered.
Submission of learned counsel for the petitioner is that save and except suspicion that the petitioner has taken the deceased with himself, there is nothing against the petitioner and he has falsely been made accused in the case.
Learned counsel for the State opposed the prayer for bail and submitted that two to three witnesses have stated that the deceased was seen with the petitioner and later on his dead body was found and there is strong suspicion against the petitioner.
Patna High Court CR. MISC. No.5582 of 2019(6) dt.07-05-2019 2/2
Having heard both sides, considering the facts and circumstances of the case, I am not inclined to grant the privilege of anticipatory bail to the petitioner rather petitioner should surrender before the court below and make prayer for regular bail and if any such application is filed, the court below will dispose of the same on the basis of materials available on record, without being prejudiced by this order.
This application is, accordingly, dismissed.
(Vinod Kumar Sinha, J)
sunilkumar/-
U T
1 issue framed by the court
Whether anticipatory bail should be granted to the petitioner accused of murder and related offences.
4 provisions across 1 enactments
Rupesh Yadav
The State Of Bihar
Vinod Kumar Sinha
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
