The High Court granted anticipatory bail to the petitioner in a murder case, noting similar relief granted to co-accused and lack of FIR inclusion, subject to bail bond and conditions.
Anticipatory bail granted on furnishing bail-bond of Rs. 20,000/- with two sureties of like amount, subject to Section 438(2) CrPC conditions.
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.3992 of 2024
Arising Out of PS. Case No.-1098 Year-2021 Thana- PHULWARISHARIF District- Patna
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ANISH KUMAR S/O CHANDRASHEN KUMAR R/O VILLAGECHECHAUL, P.S- NAUBATPUR, DISTT.- PATNA.
... ... Petitioner/s
Versus
THE STATE OF BIHAR BIHAR
... ... Opposite Party/s
====================================================== Appearance :
For the Petitioner/s : Mr.Sunil Kumar Pathak, Adv. For the Opposite Party/s : Mr.Md. Ataur Rahman, APP
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CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH
ORAL ORDER
3 10-04-2024
Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.
2 . The petitioner is apprehending his arrest in a case in connection with Phulwari Sharif (Janipur) P.S. Case No. 1098 of 2021 dated 14.12.2021 registered for the offence/s punishable u/ss 302 and 120B read with section 34 of the Indian Penal Code and 27 of the Arms Act.
3 . As per the prosecution case, two unknown miscreants came in the office of the informant's husband and after saluting, shot him dead on account of political rivalry.
4 . Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. The petitioner is not named in the FIR. The name of
Patna High Court CR. MISC. No.3992 of 2024(3) dt.10-04-2024 2/2
the petitioner has sprung up in the confessional statement of the co-accused Omkar. Similarly situated co-accused has already been granted regular bail by this court vide order dated 20.03.2023 passed in Cr. Misc. No. 65598 of 2022. The petitioner has one more criminal antecedent as stated in para 3 of the bail petition.
5 . Learned A.P.P. for the State has vehemently opposed the anticipatory bail petition of the petitioner.
6 . Considering the aforesaid facts and circumstances of the case as well as the material on the record, let the above named petitioner, in the event of his arrest/surrender within a period of six weeks from today, be enlarged on bail on furnishing bail-bond of Rs. 20,000/- (Rupees twenty thousand) with two sureties of the like amount each to the satisfaction of the learned court concerned, Patna in connection with Phulwari Sharif (Janipur) P.S. Case No. 1098 of 2021, subject to conditions as laid down under section 438(2) of the Code of Criminal Procedure.
7 . The application stands allowed.
(Chandra Prakash Singh, J)
guddukr/- U T
1 issue framed by the court
Whether the petitioner is entitled to anticipatory bail in connection with FIR No. 1098 of 2021?
3 provisions across 3 enactments
ANISH KUMAR
THE STATE OF BIHAR
Chandra Prakash Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
Chandra Prakash Singh
Parties & counsel
