In an oral order, the Patna High Court dismissed an application for anticipatory bail filed by two petitioners in a robbery case under IPC Section 395, holding them not fit for bail due to the grave nature of the offence and reliance on co-accused statements.
Prayer for anticipatory bail rejected; application 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.28895 of 2023
Arising Out of PS. Case No.-18 Year-2019 Thana- HAJIPUR SADAR District- Vaishali
======================================================
... ... Petitioner/s
Versus
The State of Bihar BIHAR
... ... Opposite Party/s
====================================================== Appearance :
For the Petitioner/s : Mr. Pramod Kumar Pandey For the Opposite Party/s : Mrs. Dr. Indiwar Kumari ======================================================
CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER
5 06-11-2023
Patna High Court CR. MISC. No.28895 of 2023(5) dt.06-11-2023 2/3
that petitioner are quite innocent and have committed no offence. They have been falsely implicated in this case. No such occurrence, in the manner as alleged, has ever taken place. The allegation levelled against the petitioners is not specific rather general and omnibus in nature. He submits that the name of the petitioners transpired in the present case on the basis of confessional statement of apprehended co-accused Jaswant Kumar Yadav. Petitioner no.1 has two criminal antecedent and petitioner no.2 has three criminal antecedent.
Indresh Kumar vs. State of Uttar Pradesh in Cr. APP. No.938 of 2022 may also be taken into consideration in which it has been observed that the statements made under Section 161 of Cr.PC. are relevant in considering the prima facie case against an accused in an application for grant of bail in cases of grave offence.
Patna High Court CR. MISC. No.28895 of 2023(5) dt.06-11-2023 3/3
prayer for grant of anticipatory bail on their behalf is hereby
rejected.
(Anjani Kumar Sharan, J)
shikha/-
U T
3 issues framed by the court
Whether grant of anticipatory bail is appropriate given the prima facie case involving a grave offence and reliance on confessional statements of co-accused.
Whether the allegations against the petitioners being general and based on confessions warrant release on bail.
Whether the application for anticipatory bail should be granted considering the prosecution case and antecedents.
Colour shows how this judgement treated each authority
Indresh Kumar vs. State of Uttar PradeshDoubted¶21
Indresh Kumar vs. State of Uttar Pradesh in Cr. APP. No.938 of 2022
1 provisions across 1 enactments
Mithu Kumar
Ajay Kumar
State of Bihar
Anjani Kumar Sharan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
