This is an oral order rejecting a bail application. The High Court held that the petitioner could not claim parity of cases with a co-accused granted bail as the recovery in the present case was more serious than in the co-accused case.
Bail petition 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.8837 of 2022
Arising Out of PS. Case No.-274 Year-2020 Thana- MANJHAGARH District- Gopalganj
======================================================
MITHILESH KUMAR @ MITHILESH PRASAD Son of Shivnath Ram Resident of Village- Hardiya, P.S.- Pachrukhi, District- Siwan.
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr.Bijay Prakash Singh For the Opposite Party/s : Mr.Anil Kumar Singh No. 1 ======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER
2 23-03-2022
Heard learned counsel for the parties.
Earlier, the prayer for bail of petitioner was rejected,
vide order dated 27.07.2021 passed in Cr.Misc. No. 26094 of 2021 (Annexure - 1).
The petitioner has renewed his prayer for bail only on the ground that co-accused Angad Kumar Mishra, having similar allegation, has been granted bail by a coordinate Bench of this Court, vide order dated 25.11.2021 passed in Cr.Misc. No. 30833 of 2021 (Annexure – 3) and petitioner is in custody since 21.10.2020.
However, from bare perusal of the order dated 25.11.2021, it appears that coordinate Bench has passed the order of bail considering the recovery of one country-made pistol alongwith a live cartridge and one pudiya of smack, whereas, in the case of petitioner, there is recovery of 15 pudiya
Patna High Court CR. MISC. No.8837 of 2022(2) dt.23-03-2022 2/2
of smack as well as one country-made pistol with a live cartridge from the possession of petitioner and as such, the petitioner cannot claim parity with the case of co-accused Angad Kumar Mishra.
Under the aforesaid facts and circumstances, the bail petition of petitioner is rejected.
(Prabhat Kumar Singh, J)
anay/-
U T
3 issues framed by the court
Whether the petitioner is entitled to bail in light of the co-accused having been granted bail with different recoveries?
Whether the petitioner can claim a parity of cases given the difference in evidence of recovery?
Whether the bail petition of the petitioner should be allowed or rejected?
Mithlesh Kumar @ Mithlesh Prasad
The State of Bihar
Prabhat Kumar Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
