The High Court dismissed the appeal seeking antecedent bail. The court held that the hostility of prosecution witnesses examined in another trial cannot serve as grounds to review the earlier order rejecting the anticipatory bail application.
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 APPEAL (SJ) No.255 of 2022
Arising Out of PS. Case No.-180 Year-2020 Thana- TEKARI District- Gaya
... ... Respondent/s ====================================================== Appearance : For the Appellant/s : Mr.Bachan Jee Ojha For the Respondent/s : Ms.Usha Kumari 1 ======================================================
CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR
ORAL ORDER
for the appellants and Ms. Usha Kumari No. 1, the learned Special P.P. for the State.
The appellants have challenged the order dated 08.11.2021 passed by the learned Exclusive Special Judge POCSO Act -cum-ADJ-VII, Gaya in A.B.P. No. 3428 if 2021/43 of 2021 arising out of Tekari P.S. Case No. 180 of 2020, whereby the prayer made on behalf of the appellants for grant of anticipatory bail for the offences
Patna High Court CR. APP (SJ) No.255 of 2022(2) dt.02-02-2022 2/2
under Sections 323, 341, 342, 376, 504/34 of the Indian Penal Code, Section 4 of the POCSO Act and Section 3(1)(r) (s) of SC/ST (POA) Act has been rejected.
The appeal of the appellants for grant of anticipatory bail was earlier rejected vide order dated 29.06.2021 passed in Cr. Appeal (SJ) No. 333 of 2021.
The prayer for anticipatory bail has been renewed on the ground that four witnesses who have been examined in trial of co-accused, namely, Purushottam Kumar have not supported the prosecution case and have been declared hostile.
This Court is afraid that cannot be a ground for reviewing the order rejecting the appeal of the appellants for grant of anticipatory bail.
The appeal is dismissed.
(Ashutosh Kumar, J)
sunilkumar/-
U T
2 issues framed by the court
Whether hostility of prosecution witnesses can be a ground to grant anticipatory bail dismissed in earlier appeal.
Whether the earlier order rejecting anticipatory bail application can be reviewed based on witness hostility.
RAMANUJ KUMAR
Ramniwas Prasad
Shakuntla Devi
The State of Bihar
Yogendra Das
ASHUTOSH KUMAR
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
