Single judge order granting anticipatory bail to the petitioner in a case involving murder (302 IPC) with conditions under Section 438 CrPC, noting similarly situated co-accused received bail earlier.
Petitioner released on bail to the satisfaction of ACJM 1st, Saharsa, subject to conditions under Section 438(2) CrPC, in 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.7283 of 2023
Arising Out of PS. Case No.-75 Year-2020 Thana- BANGAWON District- Saharsa
======================================================
GHANSHYAM MAHTO @ GHANSHYAM MEHTA Son of Yogendra Mehta R/o Murli, Basantpur, Ward No. 12, P.S.- Bangao, District- Saharsa
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
====================================================== Appearance : For the Petitioner/s : Mr.Bimlesh Kumar Pandey For the Opposite Party/s : Mr.Binod Kumar ======================================================
CORAM: HONOURABLE MR. JUSTICE ARVIND SRIVASTAVA ORAL ORDER
2 03-05-2023
Heard learned counsel for the petitioner and learned
A.P.P. for the State.
The petitioner apprehends his arrest in connection with Bangaon P.S.Case No.75 of 2020 registered under Section 302 of the Indian Penal Code and other allied sections of the I.P.C.
Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. It is submitted that similarly situated co-accused has already been granted anticipatory bail by this Court vide order dated 11.04.2023 passed in Cr.Misc.No.7695 of 2023. The petitioner has got no criminal antecedent.
Having considered the fact that similarly situated coaccused has already been granted anticipatory bail by this Court,
Patna High Court CR. MISC. No.7283 of 2023(2) dt.03-05-2023 2/2
let the above named petitioner be released on bail, in the event of arrest or surrender before the learned Court below within a period of four weeks from today, on furnishing personal bond to the satisfaction of A.C.J.M. 1st , Saharsa in connection with Bangaon P.S.Case No.75 of 2020, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.
(Arvind Srivastava, J)
Harish/-
U T
1 issue framed by the court
Whether anticipatory bail should be granted to the petitioner in anticipation of arrest under Section 302 IPC?
2 provisions across 2 enactments
Ghanshyam Mahito @ Ghanshyam Mehta
The State of Bihar
Arvind Srivastava
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
