This order rejects an application for anticipatory bail in a murder case. The court directs the petitioner to surrender to the lower court to seek regular bail instead.
Petitioner directed to surrender before the court below for regular bail; anticipatory bail application dismissed.
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.78469 of 2018
Arising Out of PS. Case No.-704 Year-2017 Thana- NAWADA District- Nawada
======================================================
Rabindra Manjhi Son of Visheshar Manjhi Resident of Village-Musan Bigha,Kurma Manaura,P.S. Nawada,Distt.-Nawada
... ... Petitioner/s
Versus
The State Of Bihar
... ... Opposite Party/s
====================================================== Appearance :
For the Petitioner/s : Mr.Sheo Kumar Prasad For the Opposite Party/s : Mr.Sri Dashrath Mehta ======================================================
CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER
4 06-02-2019 This application, for grant of anticipatory bail, arises
out of Nawada P.S. Case No. 704/17, disclosing offences under Sections 302 and 201 of the Indian Penal Code.
Allegation as per F.I.R that the deceased Jitendra Kumar had gone for recovery of tractor fair from co-accused Mohan Manjhi but he did not return and, thereafter, the informant came to know that he was killed and the informant suspected the hands of said Mohan Manjhi in the murder of the deceased.
Submission of learned counsel for the petitioner is that he is not named in the F.I.R., his name surfaced on the confession of the co-accused and except that there is nothing against the petitioner and he has falsely been implicated in this case.
Patna High Court Cr.Misc. No.78469 of 2018(4) dt.06-02-2019 2/2
Learned counsel for the State opposed the prayer for bail on the ground that the co-accused Mohan Manjhi has named this petitioner and from the confession of the said coaccused Mohan Manjhi, the dead body of the deceased was recovered.
Having heard both sides, considering the facts and circumstances, I am not inclined to grant the privilege of anticipatory bail to the petitioner rather the petitioner is directed to surrender before the court below and make prayer for regular bail, which will be disposed of by the court below on the merit of the case, without being prejudiced by the order of this Court.
This application is, accordingly, dismissed
(Vinod Kumar Sinha, J)
sunilkumar/-
1 issue framed by the court
Whether anticipatory bail should be granted to the petitioner named as a co-accused based on confession.
1 provisions across 1 enactments
Rabindra Manjhi
The State Of Bihar
Vinod Kumar Sinha
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
