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IN THE HIGH COURT OF JUDICATURE AT PATNA
JITENDRA KUMAR
Munna Paswan S/o Kameshwar Paswan @ Kameshwar Ram – Appellant
Versus
State of Bihar – Respondent
JUDGMENT :
JITENDRA KUMAR, J.
1. The present Criminal Miscellaneous Petition has been preferred by the the Petitioner for anticipatory bail in connection with Kargahar P.S. Case No. 95 of 2022, dated 15.03.2022, registered for the offences punishable under Section 147, 149, 341, 323, 324, 504 and 506 of the Indian Penal Code and the Petitioner and other co-accused were released on regular bail by the Court below. However, after investigation, charge-sheet has been submitted and cognizance has been taken against the Petitioner and other co-accused under Section 307 and other minor offences of the Indian Penal Code.
2. Hence, apprehending his arrest, the Petitioner moved anticipatory bail petition before learned Sessions Court vide A.B.P. No. 1174 of 2023. However, the petition filed by the Petitioner was rejected by learned Sessions Court vide order dated 17.08.2023 on account of serious nature of the alleged offence and direct allegation against the Petitioner. Hence, the Petitioner is before this Court seeking anticipatory bail.
3. The prosecution case as emerging from the written report is that on 11.03.2022, a Yagya was being performed in village of the Informant. At the place of Ya
The significance of statements recorded under Section 164 and Section 161 of the Criminal Procedure Code in considering applications for anticipatory bail cancellation.
The court established that non-recovery of dowry articles is not a valid ground for cancelling anticipatory bail, emphasizing the need for evidence of misuse of bail.
Advocates appeared :For the Appellant : Amit Lahoti For the Respondent : D. R. Sharma, V. D. Sharma, A. K. Nirankari
The main legal point established in the judgment is that consistent violation of court directions and non-compliance with previous court orders can warrant the cancellation of bail. Additionally, the....
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