The Patna High Court granted anticipatory bail to three petitioners accused of kidnapping and murder, ordering them to surrender within six weeks and furnish bail bonds.
Petitioners allowed bail on furnishing bond of Rs. 25,000 each with two sureties within six weeks upon surrender.
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.5163 of 2023
Arising Out of PS. Case No.-396 Year-2022 Thana- SAMASTIPUR MUFFASIL DistrictSamastipur
======================================================
... ... Petitioner/s
Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr.Baidya Nath Prasad For the Opposite Party/s : Mr.Suman Kumari Singh ======================================================
CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN
ORAL ORDER
The petitioners are apprehending their arrest in a case registered for the offence punishable under Sections 364, 120(B), 34 of the Indian Penal Code.
Petitioners are said to have kidnapped the son of the informant for the purpose of ransom or to kill him.
Learned counsel for the petitioners submits that the petitioners are innocent and have been falsely implicated in this case on the basis of suspicion. He submits that except suspicion, there is nothing on record to implicate the petitioners in this case. He submits that there is no eye witness in the
Patna High Court CR. MISC. No.5163 of 2023(3) dt.19-06-2023 2/2
present case. He submits that the doctor has not found any external or internal injury on the body of the deceased which indicates that the deceased might be committed suicide. He submits that there is no specific overt act against the petitioners. He submits that there is general and omnibus allegation levelled against the petitioners. He further submits that petitioners have no criminal antecedent as stated in para-3 of this application.
Learned APP for the State opposes the prayer for
bail.
Considering the facts and circumstances of the case, let the above named petitioners in the event of their arrest or surrender before the learned Court below within a period of six weeks from today, be enlarged on bail on furnishing bail bond of Rs.25,000/- (Rupees Twenty Five Thousand) each with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/successor court in connection with Muffasil P.S. Case No. 396 of 2022, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.
(Anjani Kumar Sharan, J)
devendra/-
U T
1 issue framed by the court
Whether bail should be granted to petitioners facing charges of kidnapping.
1 provisions across 1 enactments
Ravindra Kumar
Deepak Kumar
Neeraj Kumar
The State of Bihar
Anjani Kumar Sharan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
