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Supreme Court of India 2024-12-20 allowed

SHAMBHU DEBNATH vs THE STATE OF BIHAR & ORS

Bench: 2 — Vikram Nath, Prasanna B. Varale

In Brief

A 20-year-old man was set on fire with kerosene oil and died from the injuries. The complainant alleged six persons, including the three respondents, committed the murder. The Sessions Court rejected their plea for anticipatory bail, but the Patna High Court granted it. The Supreme Court reversed the High Court's order, holding that anticipatory bail was improperly granted in a heinous murder case without proper consideration of the offence's gravity and the chargesheet findings against the accused. The Court set aside the anticipatory bail and directed the respondents to surrender before the trial court, while preserving their right to apply for regular bail independently.

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Criminal Procedure Bail and Anticipatory Bail Murder Judicial Discretion Criminal Appeals

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