This is an anticipatory bail petition under Section 438 CrPC regarding an FIR for robbery and murder. The High Court rejected the plea, citing the petitioner's criminal antecedents and the specific factual matrix of the case.
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.16337 of 2020
Arising Out of PS. Case No.-125 Year-2018 Thana- KAMTAUL District- Darbhanga
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MANISH KUMAR THAKUR @ MANISH THAKUR @ MONU THAKUR @ BHANU THAKUR, male aged about 24 years, son of Shyam Sundar Thakur, resident of village-Ratanpur, P.S.-Kamtaul, District-Darbhanga.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Amrit Abhijat, Advocate For the Opposite Party/s : Mr. Anuj Kumar Shrivastava, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY
ORAL ORDER
4 13-12-2021 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.
In this case, the petitioner apprehends his arrest in connection with Kamtaul P.S. Case No. 125 of 2018 registered for the offence punishable under sections 395, 397/34 of the Indian Penal Code.
The informant, Kamlesh Kumar lodged the FIR stating therein that when he was returning to his house with Mintu Kumar and reached near Ratanpur Shishu Vidya Mandir at about 10:30 pm, 10 miscreants were present there who stopped the informant and started assaulting him and also snatched the Rs. 35,000 from the possession of Mintu Kumar.
Patna High Court CR. MISC. No.16337 of 2020(4) dt.13-12-2021 2/3
The informant identified the seven accused persons, including the present petitioner in the light of motorcycle. It has further been alleged that co-accused Ravi Kumar Raut and Bablu Kumar Raut ordered other accused persons to kill the informant, otherwise the informant might implicate them in police case. On hue and cry, when the villagers came there, the miscreants fled away. The learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in the present case.
The learned counsel for the petitioner has also submitted that in FIR on one place, the informant has stated that he has identified the accused persons in the light of motorcycle and on the other hand, he has stated that the villagers have identified them. He has further submitted that on the same footing, the Co-accused Kumar Sameer @ Johney Kumar Thakur @ Johney Thakur @ Johney Kumar has been granted anticipatory bail, vide Cr. Misc. No. 68165 of 2018 by the Coordinate Bench of this Court, vide order date 07.01.2019.
Learned Addl. Public Prosecutor has submitted that the witnesses in paragraph nos. 39, 40, 41 of the case diary have named the present petitioner and the present petitioner has also criminal antecedent, as has been disclosed in paragraph 3 of the
Patna High Court CR. MISC. No.16337 of 2020(4) dt.13-12-2021 3/3
anticipatory bail petition.
Considering the facts and circumstances as well as the criminal antecedent, I am not inclined to grant anticipatory bail to the petitioner. Accordingly, the prayer for bail is rejected.
(Nawneet Kumar Pandey , J)
Gaurav Kumar/-
U T
2 issues framed by the court
Whether the petitioner is entitled to anticipatory bail given the allegations and his criminal antecedents.
Whether the inconsistencies in the identification parade and witness statements warrant rejection of bail.
1 provisions across 1 enactments
Manish Kumar Thakur
The State of Bihar
Nawneet Kumar Pandey
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
