The High Court of Judicature at Patna rejected the petitioner's prayer for anticipatory bail in a murder case, directing him to surrender within four weeks so the trial court may consider his application if he does so.
Prayer for anticipatory bail rejected; directed to surrender within four weeks.
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.52593 of 2023
Arising Out of PS. Case No.-45 Year-2020 Thana- MUFFASIL District- West Champaran
======================================================
NAWAL MAHTO SON OF SHAMBHU MAHTO VILLAGE RANI PAKRI POST OFFICE PIPRA PAKARI POLICE STATION BETTIAH MUFFASIL DISTRICT WEST CHAMPARAN
... ... Petitioner/s
Versus
The State of Bihar BIHAR
... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr.Brij Kishor Mishra For the Opposite Party/s : Mr.Binod Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR PANDEY ORAL ORDER
3 25-08-2023
Patna High Court CR. MISC. No.52593 of 2023(3) dt.25-08-2023 2/3
the informant reached there and found the dead body of his son but he did not find any blood stain on the spot nor any injury on his body. The informant has claimed that all the FIR named accused persons including the petitioner have murdered his son.
Patna High Court CR. MISC. No.52593 of 2023(3) dt.25-08-2023 3/3
the trial has not been initiated as yet because the petitioner has not surrendered before the concerned court despite being his name has been found in the FIR, charge-sheet and even cognizance has been taken against him. It is further submitted by the learned counsel for the informant that in the light of said submission petitioner does not deserve anticipatory bail.
Considering the facts and circumstances of the case, particularly keeping in mind that the case was instituted in the year 2020 and trial has not been initiated till today as the petitioner has not surrendered before the concerned court, I am not inclined to grant privilege of anticipatory bail to petitioner. Accordingly, the prayer for anticipatory bail of the petitioner is, hereby, rejected.
However, petitioner is directed to surrender before the concerned court within four weeks from today and if petitioner does so, the trial court may consider the submissions advanced on behalf of the petitioner.
(Alok Kumar Pandey, J)
vashudha/-
U T
2 issues framed by the court
Whether the petitioner is entitled to anticipatory bail in a murder case where trial has not commenced due to lack of surrender.
Whether the petitioner deserves similar treatment to a co-accused who was granted anticipatory bail in the same case.
Nawal Mahto
The State of Bihar
Alok Kumar Pandey
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
