The High Court of Patna disposed of an application for anticipatory bail. The court refused the grant, holding that custodial interrogation is required in a murder case where the applicant's complicity was noted during investigation, making it inadvisable to grant bail.
Application for anticipatory bail 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.39826 of 2021
Arising Out of PS. Case No.-114 Year-2020 Thana- LAXMIPUR District- Jamui
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Pawan Yadav, Male aged about 25 years, S/O Jawahar Yadav @ Javahar Yadav R/O Village - Chandwara, P.S. - Jamui, District - Jamui.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
====================================================== Appearance : For the Petitioner/s : Mr. Niranjan Parihar, Advocate For the Opposite Party/s : Mr. Kanhaiya Kishore, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SANJEEV PRAKASH SHARMA
ORAL ORDER
4 17-02-2022
The petitioner seeks bail in anticipation of his arrest in
connection with Laxmipur P.S. Case No. 114 of 2020 instituted for the offences punishable under Sections 302, 120(B) /34 of the Indian Penal Code and Section 27 of the Arms Act.
Learned counsel for the petitioner submits that the petitioner has not been named in the FIR and the specific allegation is mentioned against other persons. The petitioner, therefore, deserves to be granted anticipatory bail.
I have considered the submissions. It is a case registered under Sections 302 and 120(B) of the Indian Penal Code and complicity of the petitioner has been noticed during investigation conducted of the co-accused in a case, therefore of
Patna High Court CR. MISC. No.39826 of 2021(4) dt.17-02-2022 2/2
murder, I am not inclined to grant anticipatory bail to the petitioner as his custodian interrogation would be required.
This application is dismissed.
(Sanjeev Prakash Sharma, J)
Anand Kr.
U T
2 issues framed by the court
Whether anticipatory bail should be granted to the petitioner who was not named in the FIR but whose complicity was noticed during investigation of a murder case.
Whether the nature of the offences (murder under Sections 302 and 120(B) IPC) precludes the grant of anticipatory bail requiring custodian interrogation.
2 provisions across 2 enactments
Pawan Yadav
The State of Bihar
Sanjeev Prakash Sharma
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
