In a criminal miscellaneous matter regarding a kidnapping case, the bench disposed of the anticipatory bail petition. The court concluded that there was no current apprehension of arrest because a co-ordinate bench had ordered an injunction against arrest during the pendency of a quashing 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 MISCELLANEOUS No.10126 of 2023
Arising Out of PS. Case No.-826 Year-2022 Thana- ARARIA District- Araria
======================================================
... ... Petitioner/s
Versus
The State of Bihar.
... ... Opposite Party/s
====================================================== Appearance : For the Petitioners : Mr. Pranav Kumar Jha, Advocate Mr. Subodh Kumar Jha, Advocate For the State : Mr. Ajay Kumar Jha, APP For the Informant : Mr. Sanjiv Kumar, Advocate ======================================================
CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER
The petitioners apprehend their arrest in connection with Araria P.S. Case No.826 of 2022, registered for the offences punishable under Sections 363 and 365 of the Indian Penal Code.
Accusation is of kidnapping the husband of the informant.
Learned counsel for the petitioners submits that petitioners are innocent and have falsely been implicated in the present case. The petitioners have got no criminal antecedent as
Patna High Court CR. MISC. No.10126 of 2023(4) dt.23-06-2023 2/2
stated in paragraph-3 of the bail petition. It is further submitted that he has filed quashing application before this Court being Criminal Miscellaneous No.17314 of 2023 for quashing of the FIR of Araria P.S. Case No.826 of 2022 and vide order dated 10.04.2023, a co-ordinate Bench of this Court has passed the order that during the pendency of the case petitioner shall not be arrested but the investigation in connection with P.S. Case No.826 of 2022 shall continue.
Considering the fact that there is no apprehension of petitioners being arrested, the instant anticipatory bail petition stands disposed of.
(Anjani Kumar Sharan, J)
S.KUMAR/-
U T
3 issues framed by the court
Whether to grant anticipatory bail to the petitioners in the kidnapping case or dispose of the petition.
Whether the petitioners still have apprehension of arrest with the quashing application pending before a co-ordinate bench.
Whether the facts in the quashing application before a co-ordinate bench are relevant to dispose of the anticipatory bail petition.
Rajeev Kumar Mishra
Pankaj Kumar Mishra
The State of Bihar
Anjani Kumar Sharan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
