Criminal Miscellaneous application for anticipatory bail dismissed. Petitioners sought bail apprehending arrest for FIR offences. Court denied anticipatory bail but directed mandatory surrender for regular bail consideration.
Anticipatory bail denied; petitioners directed to surrender for regular bail.
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.9678 of 2019
Arising Out of PS. Case No.-128 Year-2018 Thana- BELA District- Sitamarhi
======================================================
THE STATE OF BIHAR Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr.Sanjay Kumar For the Opposite Party/s : Mr.Umanath Mishra ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER
3 21-06-2019 Heard learned counsel for the parties.
The petitioners are apprehending their arrest in connection with Bela P.S.Case No.128/18 registered for offences punishable under Sections 147, 341, 323, 342, 354, 379, 504, 506 of the Indian Penal Code.
Allegation against the petitioners as per FIR is that while the informant and his sister were coming on a motorcycle, the petitioner and other accused persons dragged them from the motorcycle and took them to the house of Mukhiya Uday Sah
Patna High Court CR. MISC. No.9678 of 2019(3) dt.21-06-2019 2/2
and kept them there and took signature on blank paper.
Submission of the learned counsel for the petitioners is that they have falsely been implicated in this case and nothing has been brought on record to show that signature has been taken on the blank paper and further the FIR itself shows that they have been left by the accused person including the petitioner.
Heard learned A.P.P. , who has opposed the prayer for bail stating that the witnesses have also supported the prosecution case and the snatched motorcycle of the informant was also recovered.
Having heard both sides and in view of the facts and circumstances, as stated above, I am not inclined to grant privilege of anticipatory bail to the petitioners, however, let the petitioner surrender before the learned below and make prayer for regular bail, which will be considered on its own merit without being prejudiced by the order of this Court.
With the aforesaid direction, this application is dismissed.
(Vinod Kumar Sinha, J)
chn/- U T
2 issues framed by the court
Whether anticipatory bail should be granted to petitioners apprehending arrest for offences against the Indian Penal Code.
Whether the prayer for anticipatory bail is maintainable given the circumstances of the case.
Shambhu Sah and others
State of Bihar
Vinod Kumar Sinha
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
