Patna High Court rejected applications for anticipatory bail filed by two individuals accused in a double murder case. The court held that ample evidence exists against them and the case involves grave offences, precluding bail under Section 438 CrPC.
Prayer for grant of anticipatory bail rejected; petitioners not enlarged on bail.
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.20214 of 2023
Arising Out of PS. Case No.-249 Year-2022 Thana- SIMRI District- Darbhanga
====================================================== SHAHABUDDIN ANWAR @ DABLU S/O LATE SIKANDAR KARIM R/O VILLAGE- SOBHAN MANIYARI, P.S- SIMRI, DISTT.DARBHANGA.
... ... Petitioner/s Versus
THE STATE OF BIHAR
... ... Opposite Party/s
====================================================== with CRIMINAL MISCELLANEOUS No. 21675 of 2023 Arising Out of PS. Case No.-249 Year-2022 Thana- SIMRI District- Darbhanga ====================================================== MD WARIS @ WARIS KAREEM S/O MD. EKRAMUL HAQUE R/O VILLAGE- DALAUR SOBHAN, P.S- SIMRI, DISTT.- DARBHANGA.
... ... Petitioner/s Versus
The State of Bihar
... ... Opposite Party/s
| ==================== Appearance : (In CRIMINAL MISCELLAN |
================================== EOUS No. 20214 of 2023) |
|---|---|
| For the Petitioner/s : |
Mr. Amit Shrivastava, Sr. Adv Mr. Nafisuzzoha, Adv Mr. Girish Pandey, Adv Mr. Padmanabh Kashyap, Adv |
| For the Opposite Party/s : | Mr. Yogendra Kumar, APP |
| For the Informant : |
Mr. Yogesh Chandra Verma, Sr. Adv Mrs. Rina Sinha, APP Mr. Dhirendra Pd. Sinha, Adv Mr. Avinash Chandra, Adv |
| (In CRIMINAL MISCELLAN | EOUS No. 21675 of 2023) |
| For the Petitioner/s : |
Mr. Md. Shahnawaz Ali, Adv |
| For the Opposite Party/s : | Mr. Prem Kumar Jha, APP |
| For the Informant : ==================== |
Mr. Yogesh Chandra Verma, Sr. Adv Mr. Syed Masleh Uddin Ashraf, Adv Mrs. Rina Sinha, APP Mr. Dhirendra Pd. Sinha, Adv Mr. Avinash Chandra, Adv ================================== |
CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN CAV ORDER
Patna High Court CR. MISC. No.20214 of 2023(5) dt.19-08-2023 2/9
Patna High Court CR. MISC. No.20214 of 2023(5) dt.19-08-2023 3/9
that following the said call, he went there and then he was taken towards a bamboo clump by Md. Jawed on the pretext of showing him a piece of land. It is alleged by the informant that when her husband did not returned till late evening on 07.12.2022, the informant made search of his where about and in the morning of 08.12.2022, she got an information that a dead body has been found adjacent to bamboo clump and upon following the said information, the informant went there and identified the dead body as that of her husband. There was mark of several injuries on his body at different places. 4 (ii). The further case of prosecution is that, the informant found the mobile phone of the deceased missing from his possession. It is further alleged that Md. Jawed had earlier sold a piece of land to the deceased and before the registration of the deed itself, he obtained Rs.16 lakhs from him in advance in lieu of consideration money and earlier to the registration thereof, he, conspired with the petitioners and other co-accused persons to commit his murder and executed the planning in oblivion.
Patna High Court CR. MISC. No.20214 of 2023(5) dt.19-08-2023 4/9
enemies. The occurrence took place on 07.12.2022 whereas the FIR was lodged on 09.12.2022 and a draft written typed copy was given to the concerned S.H.O at 08.20 o’clock while the occurrence took place at about 05.00 P.M. on 07.12.2022, which creates serious doubt upon the credibility of the prosecution story. It is submitted that the name of the petitioners only incorporated in the present case after hatching a high level plan to implicate them as accused persons, while they have no concern with the alleged occurrence. Petitioners being co-villagers of the informant, having inimical term in the locality due to which they have been made accused. Petitioners have clean antecedent, which is also mentioned in para-3 of the bail applications.
Patna High Court CR. MISC. No.20214 of 2023(5) dt.19-08-2023 5/9
Cr. Misc. No.20214 of 2023, is suffering from chronic kidney, heart and liver disease since long and presently he is in treatment under Dr. Rana Rathore Roy in the Medica Super Specialities Hospital, Kolkata. He further submits that it is clear from a sale deed no.5567 dated 15.04.2023 which was executed by the informant in favour of Gouri Shankar Jha on the consideration amount of Rs.22 lakh just after four months of the death of her husband which also clarified her bad intention.
Patna High Court CR. MISC. No.20214 of 2023(5) dt.19-08-2023 6/9
that the petitioners are also involved in the present case as there is ample of evidence available against the petitioners in the case diary.
Patna High Court CR. MISC. No.20214 of 2023(5) dt.19-08-2023 7/9
mortem which was allowed by the learned Magistrate. Para114 and 126, states that as per the order of Magistrate, the dead body of the deceased was exhumed in presence of Wasid Rahman (brother of deceased) and co-villagers, then inquest report was prepared and dead body was sent for second post mortem report and the doctor opined that injury was caused by fire arm bullet and iron rod. From para-123, 177, 161, 184, 185, 195 and 201, it is apparent that the petitioners and other co-accused persons were present in the village Soman and they had some talk with the deceased on 06.12.2022 at Soman Chowk. It is further submitted that the co-accused Md. Jawed has confessed that he had given Rs.50,000/- to the petitioner namely, Shahabuddin Anwar @ Dablu of Cr. Misc. No.20214 of 2023 to leave the village and go to some other place.
Patna High Court CR. MISC. No.20214 of 2023(5) dt.19-08-2023 8/9
against an accused in an application for grant of bail in cases of grave offence.
Patna High Court CR. MISC. No.20214 of 2023(5) dt.19-08-2023 9/9
from today and seek for regular bail and the learned Court below would pass the order on the same day without getting prejudiced by the present order.
(Anjani Kumar Sharan, J)
shikha/-
U T
2 issues framed by the court
Whether the petitioners are entitled to the grant of anticipatory bail in a case involving heinous offences under Sections 302 and 120B of the IPC.
Whether the prima facie evidence and confessional statements of co-accused establish sufficient involvement of the petitioners to deny bail.
Colour shows how this judgement treated each authority
Indresh Kumar vs. State of Uttar PradeshReferred¶33
Indresh Kumar vs. State of Uttar Pradesh in Cr. APP. No.938 of 2022
3 provisions across 3 enactments
Shahabuddin Anwar @ Dablu
Md Waris @ Waris Kareem
State of Bihar
Anjani Kumar Sharan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
