Petitioner, accused of offences under IPC and SC/ST Act involving fire in air, sought regular bail. Court observed no injury caused and charges as cosmetic. Bail granted contingent upon surrender within six weeks. Application disposed off.
Bail allowed on condition of surrender within six weeks; application disposed off.
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IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.28590 of 2013
====================================================== Gulshan Yadav son of Mahendra Yadav .... .... Petitioner/s Versus The State Of Bihar .... .... Opposite Party/s ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH
ORAL ORDER
2 16-09-2013 Heard learned counsels for the petitioner and
the State.
Petitioner is apprehending his arrest in a case registered for the offences punishable under Sections 147, 149, 323, 504, 506, of the I.P.C., Section 27 of the Arms Act and Section 3(i)(x) of the SC & ST (Prevention of Atrocities) Act.
Accusation is of resorting to fire in air to terrorize the informant’s side.
It is submitted by learned counsel for the petitioner that no injury was caused to any one and accusation under SC & ST Act is cosmetic in nature. It is further submitted that other cases have also been lodged by the informant who is panchayat Mukhiya.
The aforesaid facts constitutes a ground for consideration of regular bail, preferably on the same day, if the
Patna High Court Cr.Misc. No.28590 of 2013 (2) dt.16-09-2013
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petitioner surrenders within a period of six weeks in connection with SC/ST (Naugachia) P.S. Case No. 02 of 2013, pending in the Court of learned Additional Chief Judicial Magistrate, Naugachia, Bhagalpur.
With the observations above, the application stands disposed off.
Let the order of this Court be transmitted through FAX to the learned Court below at the cost of the petitioner.
(Dinesh Kumar Singh, J)
Shageer/-
2 issues framed by the court
Whether the petitioner is eligible for regular bail pending surrender within six weeks.
Whether the accusation of resorting to fire in air and cosmetic charges under SC/ST Act warrants bail consideration.
3 provisions across 3 enactments
Gulshan Yadav
The State Of Bihar
Dinesh Kumar Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
