The court rejected an application for anticipatory bail, declining to grant relief as the petitioner had been previously accused in a similar case.
The prayer for anticipatory bail is rejected.
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.37905 of 2021
Arising Out of PS. Case No.-390 Year-2020 Thana- SURSAND District- Sitamarhi
======================================================
PANKAJ KUMAR S/o Raj Kishore Panjiyar Resident of Village- Sahsaram, P.S.- Parihar, District- Sitamarhi.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
====================================================== Appearance : For the Petitioner/s : Mr. Kuber Pathak For the Opposite Party/s : Mr.Ramchandra Singh ======================================================
CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER
3 01-02-2022
Heard the learned counsel for the petitioner and
the learned APP for the State.
The petitioner seeks bail in anticipation of his
arrest in connection with Sursand P.S. Case No. 390 of 2020 instituted for the offences under Sections 414, 467, 468, 471 and 120(B) the Indian Penal Code and Sections 30(a), 36, 41 and 41(i) of the Bihar Prohibition and Excise Act, 2016.
Though the accusation against the petitioner is only based on confession of an arrested accused person and nothing has been recovered from his possession but I am not inclined to grant anticipatory bail to him for the reason that
Patna High Court CR. MISC. No.37905 of 2021(3) dt.01-02-2022 2/2
he was earlier made accused in a case of similar nature.
The prayer for anticipatory bail is rejected.
However, if the petitioner surrenders before the
Court below and seeks bail, his application shall be considered on its own merits taking into account the fact that the persons who were named in confession and from whose possession liquor was recovered have been granted anticipatory bail by different Benches of this Court and the court below shall pass orders in accordance without law, without being prejudiced by the fact that the present petition on his behalf has not been entertained.
(Ashutosh Kumar, J)
sunilkumar/-
U T
1 issue framed by the court
Whether the petitioner should be granted anticipatory bail for the offences in PS. Case No.390 of 2020.
PANKAJ KUMAR
The State of Bihar
ASHUTOSH KUMAR
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
