In an oral order, the Patna High Court rejected an application for anticipatory bail filed by Brahmdeo Sahani in a murder case under Sections 302/34 IPC, holding that the petitioners could not be enlarged on bail.
Prayer for anticipatory bail was rejected and the petition was 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.39297 of 2023
Arising Out of PS. Case No.-379 Year-2022 Thana- MADHUBAN District- East Champaran
======================================================
Brahmdeo Sahani S/O Sakal Sahani R/O Village- Hardiya Tola, Kans Pakari, Po. And Ps. Madhuban Dist.East Champaran
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Pravin Kumar For the Opposite Party/s : Mr. Lakshmi Kant Sharma ======================================================
CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER
2 03-08-2023
Heard learned counsel for the petitioner and learned A.P.P. for the State.
Patna High Court CR. MISC. No.39297 of 2023(2) dt.03-08-2023 2/2
the petitioner has been falsely implicated in this case. He further submits that the name of the petitioner transpired on the confessional statement of the co-accused Ankesh Kumar @ Ankit Kumar before the police. The petitioner has no criminal antecedent as mentioned in para-3 of the bail application.
(Anjani Kumar Sharan, J)
anand/- U T
2 issues framed by the court
Whether anticipatory bail should be granted to the applicant apprehending arrest in a murder case under Sections 302/34 IPC.
Whether confessional statements or statements under Section 161 of the Cr.P.C. can be relied upon to refuse anticipatory bail.
Colour shows how this judgement treated each authority
Indresh Kumar vs. The State of UP & Anr.Referred¶17
Indresh Kumar vs. The State of UP & Anr. (Criminal Appeal No. 938 of 2022)
1 provisions across 1 enactments
Brahmdeo Sahani
The State of Bihar
Anjani Kumar Sharan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
