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VIKRAM NATH, SANDEEP MEHTA
Jagdeo Prasad – Appellant
Versus
State of Bihar – Respondent
Key Points: - The Court states that grant of anticipatory bail is discretionary and must be exercised cautiously to balance individual liberty with protecting victims’ fear and safety. (!) (!) - The High Court’s order granting anticipatory bail in the Patna case was set aside for lack of cogent reasons, considering the gravity of the offences and the threat to victims. (!) (!) (!) (!) (!) - The Supreme Court directs that accused-respondents surrender within four weeks and apply for regular bail, with bail applications to be considered on their merits. (!) (!) - In the second SLP, the Court holds that the High Court gravely erred in granting anticipatory bail to respondent no. 2, and sets aside the High Court order; directs surrender and regular bail process. (!) (!) - The judgment emphasizes avoiding direct interference by the High Court in anticipatory bail when concurrent remedies are available and notes issues of parity should not dictate granting anticipatory bail where prima facie case exists. (!) (!)
ORDER
Criminal Appeal @ SLP (Crl.) No.(s) 17805 of 2024:
1. Leave granted.
2. The present appeal on behalf of the appellant-complainant assails order dated 12th March, 2024, passed by the High Court of Judicature at Patna in Criminal Miscellaneous No. 14816 of 2024. The High Court has granted anticipatory bail to respondent nos. 2 and 3 (“accused-respondents”) in FIR, bearing no. 773 of 2023 dated 16th December, 2023, registered under Section 302 read with Section 34 of Indian Penal Code, 1860 (“IPC”) and Section 27 of Arms Act, 1959.
3. Brief facts, in a nutshell, relevant for the disposal of the present appeal are stated hereinunder:
3.1. On 16th December, 2023 the appellant-complainant submitted a written complaint before Police Station, Gopalpur alleging, inter alia, that his wife Kumari Pushpa (“deceased”) was shot dead on the same day at about 03:30 P.M. The deceased was employed as a health worker at Primary Health Center, Pandarak.
3.2. According to the appellant, his wife was killed at the behest of named accused persons, including accused-respondents, who had been continuously threatening and harassing the deceased to extort money. On account of the continuous threats as meted
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