The court allowed an application for anticipatory bail despite the absence of an FIR, noting the cognitive discrepancy. Bail was granted on ₹10,000 bonds with conditions to appear in court.
Petitioners enlarged on bail on furnishing bonds of Rs. 10,000 each with two sureties of like amount, subject to strict appearance conditions.
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.1749 of 2014
Arising Out of PS.Case No. -123 Year- 2009 Thana -KURTHA District- JEHANABAD ====================================================== 1. Ram Ishwar Yadav, Son Of Late Shivbhajan Yadav 2. Yogi Yadav, Son Of Ram Ishwar Yadav 3. Rajan @ Chotu, Son Of Jainu Mian .... .... Petitioner/s Versus The State Of Bihar .... .... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. For the Opposite Party/s : Mr. ====================================================== CORAM: HONOURABLE MR. JUSTICE AKHILESH CHANDRA ORAL ORDER 3 19-06-2014 During course of the day, learned counsel for the petitioners is permitted to make necessary correction in the petition. Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State.
All the three petitioners, apprehending their arrest in connection with a case registered for the offence punishable under Sections 384, 353 and 504/34 of the Indian Penal Code, are named accused in this case instituted on the basis of Complaint Case No.855 of 2009 wherein after investigation police submitted final form but taking a different note cognizance has been taken.
Submission is of false implication and none of the three petitioners are carrying any criminal antecedent though petitioner no.3 was said to be involved in two more cases i.e. Parasbigha P.S. Case No. 30 of 2004 and Parasbigha P.S. Case No. 45 of 2004, wherein he has already been acquitted .
If it is so , considering the facts and circumstances of the case,
Patna High Court Cr.Misc. No.1749 of 2014 (3) dt.19-06-2014
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in the event of their arrest or surrender before the court below within four weeks, let the petitioners abovenamed be enlarged on bail on furnishing bail bonds of Rs. 10,000/- (Ten Thousand only) each with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Jehanabad , in connection with Kurtha P.S. Case No.123 of 2009 , subject to condition laid down under Section 438 (2) of the Code of Criminal Procedure with additional condition to remain physically present before the court below on each and every date at least for two years or till disposal of the case, whichever is earlier and in case of failure on two consecutive dates without giving any reasonable explanation, the liberty granted shall be deemed to be cancelled.
(Akhilesh Chandra, J)
Ashwini/-
U T
2 issues framed by the court
Whether anticipatory bail is maintainable in the absence of a prior FIR, relying on the nature of the complaint.
The conditions precedent for enlarging accused on bail bond and additional conditions of attendance.
1 provisions across 1 enactments
Ram Ishwar Yadav
Yogi Yadav
Rajan
The State Of Bihar
Akhilesh Chandra
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
