In a petition for anticipatory bail, the High Court considered the petitioner's apprehension of arrest in a double murder case. Finding that the investigation hinges on circumstantial evidence, the court held that it could not exonerate the petitioner and denied the prayer.
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.51174 of 2021
Arising Out of PS. Case No.-73 Year-2019 Thana- KANTI District- Muzaffarpur
======================================================
DURGESH KUMAR @ CHULBUL S/o SANT KUMAR CHAUDHARY R/o VILLAGE-KALWARI, P.S-KANTI, DISTRICT-MUZAFFARPUR.
... ... Petitioner/s
Versus
THE STATE OF BIHAR
... ... Opposite Party/s
====================================================== Appearance :
For the Petitioner/s : Mr.Krishna Chandra Ojha, Adv. For the Opposite Party/s : Mr.Nagendra Prasad, Adv.
======================================================
CORAM: HONOURABLE MR. JUSTICE SANJEEV PRAKASH SHARMA
ORAL ORDER
2 16-02-2022 Heard the parties through video conferencing.
The petitioner apprehends his arrest in connection
with Kanti P.S. Case No. 73 of 2019 registered for the offence under Sections 302/34 of the Indian Penal Code and Section 27 of the Arms Act.
Learned counsel for the petitioner submits that petitioner does not have any criminal antecedent. The petitioner has not named in the F.I.R. Other co-accused namely Sudhakar Kumar has been granted anticipatory bail by a Co-ordinate Bench of this Court.
In a case of double murder, where investigation is going on, the same is hinges on the circumstantial evidence, it cannot be said that the petitioner is not involved in the case. It is
Patna High Court CR. MISC. No.51174 of 2021(2) dt.16-02-2022 2/2
for the Police to investigate and for the said purpose they may also conduct custodial investigation.
In view thereof, I am not inclined to grant benefit of
anticipatory bail to the above named petitioner.
Accordingly, the prayer for anticipatory bail is
rejected.
(Sanjeev Prakash Sharma, J)
pravinkumar/-
U T
1 issue framed by the court
Whether anticipatory bail should be granted to the petitioner apprehending arrest in a double murder case.
1 provisions across 1 enactments
Durgesh Kumar @ Chulbul
Sanjeev Prakash Sharma
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
