Supreme Court Cancels Anticipatory Bail In Murder Case, Slams Patna HC For ‘Mechanical’ Order
The Supreme Court has set aside the anticipatory bail granted by the Patna High Court to three accused in a murder case, observing that the High Court's order was “cryptic,” lacked "judicial analysis", and failed to consider the gravity of the offence.
The Bench of Justice Vikram Nath, Justice Sanjay Karol and Justice Sandeep Mehta heard the Special Leave Petition (SLP) filed by the son of the deceased, challenging the Patna High Court’s April 24, 2024 order granting anticipatory bail to three accused in FIR of 2023, involving charges under Sections 341, 323, 307, 379, 302, and 34 of the Indian Penal Code.
The incident occurred on December 28, 2023, when the deceased was allegedly attacked with an iron rod and lathis by a group of neighbours, resulting in his death due to a severe head injury. The complainant, who is also the victim’s son and an eyewitness, stated that he and his uncle were also injured when they tried to intervene.
The Trial Court had previously denied anticipatory bail to four accused, noting their active involvement in the assault and the presence of criminal antecedents.
However, the High Court granted relief to three of them, prompting the complainant to approach the Supreme Court.
Slamming the High Court’s approach, the Supreme Court said, “The order... does not disclose any reasoning for granting anticipatory bail in a matter involving serious offences under Sections 302 and 307 IPC. The impugned order is cryptic and lacking in judicial analysis.”
The Court noted that the FIR clearly attributed specific roles to the accused in the group assault that followed the initial blow, and dismissed the respondents’ argument that the allegations were vague or general in nature.
Allowing the Appeal, the Court directed the accused to surrender within eight weeks and granted them liberty to apply for regular bail before the trial court, which would decide the matter independently and in accordance with law.
"In view of the above facts and circumstances, the appeal is allowed. The impugned order of the High Court is set aside. The respondents are directed to surrender within eight weeks and shall be at liberty to apply for regular bail before the Trial Court, which shall consider the same on its own merits and in accordance with law. 14. Pending application(s), if any, shall stand disposed of," the Bench said in its order dated May 1.
Case Title: Rajeev Kishor Gautam v. The State of Bihar & Ors.