Petitioner seeking anticipatory bail in a murder case involving alleged poisoning was denied. The court directed him to surrender for regular bail consideration on merits.
Anticipatory bail rejected; petitioner directed to surrender for regular bail.
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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.72494 of 2018
Arising Out of PS. Case No.-29 Year-2018 Thana- RAHUI District- Nalanda
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Shiv Shankar Kumar, Son of Misri Bind, Resident of Village-Paithna,Police Station Rahui (Bena) ,Distt.-Nalanda
Versus
The State Of Bihar
... ... Opposite Party
====================================================== Appearance : For the Petitioner/s : Mr.Anil Kumar Singh For the Opposite Party/s : Smt. Sucheta Yadav ======================================================
CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER
5 11-04-2019 Petitioner seeks bail in anticipation of his arrest in connection with Rahui (Bena) P.S. Case No. 29 of 2018, registered for the offences punishable under Sections 328 and 302/34 of the Indian Penal Code.
Allegation as per FIR is that the husband of the deceased was residing outside and accused persons, including the petitioner interested in ousting her and further allegation is that they administered poison to her and due to which she died.
Submission of learned counsel for the petitioner is that no specific allegation has been attributed against the petitioner, who is a railway employee, and whole family members have been made accused in this case with respect to property dispute.
Heard learned APP and from perusal of the viscera
Patna High Court CR. MISC. No.72494 of 2018(5) dt.11-04-2019 2/2
report it appears that Aluminium Phosphide was detected in the contents of all eight small plastic jars and Aluminium Phosphide commercially known as Celphos which is severe gastro intestinal irritant and it is used as a grain preservative and is highly poisonous.
Having heard both sides and in the facts and circumstances, I am not inclined to grant the privilege of anticipatory bail to the petitioner, rather petitioner to surrender and make prayer for regular bail, which shall be considered on its own merit, without being prejudiced by this order and, if possible, to be disposed of on the same day.
With the above observation, this application is dismissed.
(Vinod Kumar Sinha, J)
spal/-
U T
3 issues framed by the court
Whether anticipatory bail should be granted to the petitioner accused in a case involving murder and alleged poisoning.
Whether the petitioner should surrender and pray for regular bail instead.
Whether the involvement of family members in a property dispute justifies anticipatory bail.
Shiv Shankar Kumar
The State Of Bihar
Vinod Kumar Sinha
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
