Patna HC rejected anticipatory bail application in murder case, finding no case made out despite allegations of land dispute, directing surrender for subsequent bail consideration.
Petition rejected; petitioner directed to surrender within six weeks for bail consideration.
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.40069 of 2023
Arising Out of PS. Case No.-6 Year-2023 Thana- NADI P.S. District- Bhagalpur
======================================================
PANKAJ SINGH S/O TUNO SINGH R/O Village- Hario, PS. Bihpur, Dist. Bhagalpur
... ... Petitioner/s
Versus
THE STATE OF BIHAR Bihar
... ... Opposite Party/s
====================================================== Appearance : For the Petitioner/s : Mr.Amrendra Kumar For the Opposite Party/s : Mr.Md. Nazir Ansari ======================================================
CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH
ORAL ORDER
5 10-01-2024
Learned counsel for the petitioner is permitted to remove the defect(s), as pointed out by the office, if any, within a period of three weeks from today.
2. Heard learned counsel for the petitioner and learned
Additional Public Prosecutor for the State.
3. The petitioner is apprehending his arrest in connection with Nadi P.S Case No. 06/2023 dated 10.03.2023 registered for the offences punishable under Sections 302 and 120B read with 34 of the Indian Penal Code and Section 27 of the Arms Act.
4. As per the prosecution case, the petitioner and the co-accused persons are alleged to have fired on the informant's brother indiscriminately leading to his death. It is further alleged
Patna High Court CR. MISC. No.40069 of 2023(5) dt.10-01-2024 2/2
that the accused persons took away the dead body of the informant's brother from the spot.
5. Learned counsel for the petitioner has submitted that the petitioner has falsely been implicated in this case of account of land dispute. The petitioner is accused in five other criminal cases as stated in para 3 of the bail petition. There is general and omnibus allegation against the petitioner.
6. Learned A.P.P. for the State has vehemently opposed the prayer for anticipatory bail of the petitioner by submitting that there is specific allegation of firing against the petitioner.
7. Considering the aforesaid facts and circumstances of the case as well as the heinous nature of offence against the petitioner, I am of the view that no case for grant of anticipatory bail is made out. The petition is rejected and the petitioner is directed to surrender to the Court below within six weeks from the date of this order and the Court below will consider the prayer of the bail of the petitioner without being prejudice by this order.
(Chandra Prakash Singh, J)
atul/-
3 issues framed by the court
Whether anticipatory bail prayer made out in heinous offence case.
Whether petitioner apprehends arrest falsely implicated due to land dispute.
Whether petitioner directed to surrender for regular bail consideration.
PANKAJ SINGH
THE STATE OF BIHAR
CHANDRA PRAKASH SINGH
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
