The Patna High Court ordered that if the petitioner surrenders within six weeks, the lower court shall grant him regular bail in pending cases involving multiple AVC and arms offence charges.
Direction issued to lower court to grant regular bail on surrender within six weeks; at the cost of the petitioner. The bail application was disposed off.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.43726 of 2012
====================================================== Upendra Yadav .... .... Petitioner/s Versus The State Of Bihar .... .... Opposite Party/s ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 2 02-01-2013 Heard learned counsels for the petitioner and the State. The petitioner is apprehending arrest in Simra P.S. Case No. 06 of 2012 registered for the offences punishable under Sections 147, 148, 149, 341, 323, 324, 447, 307, 302 and 379 of the Indian Penal Code and Section 27 of the Arms Act pending in the court of learned Chief Judicial Magistrate, Aurangabad.
It is alleged that nine accused persons including the petitioner assaulted the informant and his uncle. It is specifically alleged against the petitioner that he assaulted Uday Yadav when Binod Yadav assaulted the sister of the informant who subsequently succumbed to the injuries.
It appears that other accused persons have been granted regular bail by this Court vide Cr. Misc. Nos. 31961 of 2012 and 35640 of 2012.
This Court sees no reason for the learned court below not to consider to give the same privilege to petitioner if petitioner
Patna High Court Cr.Misc. No.43726 of 2012 (2) dt.02-01-2013
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surrenders within a period of six weeks.
With the above observation, this application is,
accordingly disposed off.
Let the order be transmitted to the learned court below
through fax at the cost of the petitioner.
(Dinesh Kumar Singh, J)
Amrendra/-
2 issues framed by the court
Whether the petitioner should be granted regular bail on surrender within a specified period pending FIR for serious offences.
Whether the petitioner's apprehension of arrest is supported by the allegations in the FIR.
2 provisions across 2 enactments
Upendra 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
