The Patna High Court rejected anticipatory bail for petitioners no. 1 and no. 2 due to active involvement in a murder case. Petitioner no. 3 was granted conditional bail upon surrender within four weeks if arrest occurs.
Anticipatory bail rejected for Petitioners 1 and 2; Conditional bail granted to Petitioner 3 upon surrender.
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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.60955 of 2019
Arising Out of PS. Case No.-261 Year-2017 Thana- GOPALGANJ TOWN DistrictGopalganj
======================================================
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
====================================================== Appearance : For the Petitioner/s : Mr.Javed Aslam For the Opposite Party/s : Mr.Shailendra Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER
APP for the State.
The petitioners in this case are seeking anticipatory bail in connection with Gopalganj Town P.S. Case No.261 of 2017 registered for the offences punishable under Sections 302 and 120(B) of the Indian Penal Code.
Learned counsel for the petitioners submits that the petitioners are innocent and have falsely been implicated in this case. Learned counsel submits that the petitioners are not named in the FIR and their names have transpired during the investigation.
Patna High Court CR. MISC. No.60955 of 2019(3) dt.28-11-2019 2/3
Learned APP for the State is present and has opposed the prayer for anticipatory bail of the petitioners.
Considering the facts and circumstances of the case wherein it is found from the case diary that the involvement of petitioner no.1 and his active participation in the occurrence has been revealed and further it is the petitioner no.2 who had given a knife blow to the deceased, the prayer for anticipatory bail on behalf of the petitioner nos.1 and 2 is hereby rejected.
In case they surrender and pray for regular bail in the court below within a period of four weeks from today, their prayer for regular bail shall be considered on their own merit.
So far as petitioner no.3 is concerned, in course of hearing even learned counsel for the State has submitted that regarding him there is no material to connect with the present occurrence at this stage, considering this aspect of the matter, let the petitioner no. 3 in the event of his arrest or surrender within a period of four weeks from today, be enlarged on bail on furnishing of bail bonds of Rs. 15,000/- (fifteen thousand ) with two sureties of the like amount each to the satisfaction of learned C.J.M., Gopalganj in connection with Gopalganj Town P.S. Case No.261 of 2017, subject to the condition as laid down under Section 438 (2) of the Cr.P.C. i.e.
Patna High Court CR. MISC. No.60955 of 2019(3) dt.28-11-2019 3/3
(i) a condition that the person shall make himself available for interrogation by a police officer as and when required;
(ii) a condition that the person shall not, directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer;
(iii) a condition that the person shall not leave India without the previous permission of the Court.
(Rajeev Ranjan Prasad, J)
arvind/-
U T
3 issues framed by the court
Whether anticipatory bail should be granted to petitioners implicated in a murder investigation under Sections 302 and 120(B) IPC.
Whether petitioner no. 2, who allegedly struck the deceased, warrants rejection of anticipatory bail based on active participation.
Whether petitioner no. 3, against whom no connecting material exists at this stage, qualifies for special bail upon surrender.
1 provisions across 1 enactments
Jawed & Ors.
The State of Bihar
Rajeev Ranjan Prasad
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
