Single oral order granting anticipatory bail to the petitioner in a criminal case involving Sections 447, 341, 323, 504, 506, 457, 380, and 420 of the Indian Penal Code subject to specific conditions.
Release on anticipatory bail with a bond of Rs. 5,000 and two sureties, subject to conditions regarding address, legal appearance, and representation.
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. 9632 of 2014
=================================================== Sk. Anwar Son of Late Sk. Bhokat @ Sk. Bhokhat Resident of Village - Daniyal Parsauna, P.S. - Sathi, District - West Champaran. .... .... Petitioner/s Versus The State of Bihar. .... .... Opposite Party/s =================================================== Appearance : For the Petitioner/s : Mr. Bimlesh Kumar Pandey, Adv. For the Opposite Party/s: Mr. R.B. Roy “Raman” APP. =================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA PRAKASH ORAL ORDER
02. 02.05.2014 Heard learned counsel for the Petitioner and the
State.
The Petitioner is apprehending his arrest in a case registered under Sections 447, 341, 323, 504, 506, 457, 380 and 420 of the Indian Penal Code.
Considering the nature of allegations, let the Petitioner, above named who has fair antecedents be released on anticipatory bail in the event of arrest or surrender before the learned Court below within a period of four weeks from the date of receipt of the order on furnishing bail bond of Rs. 5,000/- (Five Thousand) with two sureties of the like amount each or any other surety as fixed by the Court to the satisfaction of Sessions Judge, West Champaran, Bettiah in connection with Sathi P.S. Case No. 218 of 2013 subject to the conditions as laid down under Section 438(2) of the Code of Criminal
Patna High Court Cr.Misc. No.9632 of 2014 (2) dt.02-05-2014
2
Procedure as also subject to the following conditions:- (i) That one of the bailors will be a close relative of the Petitioner who will give an affidavit giving genealogy as to how he is related with the Petitioner. The bailor will also undertake to inform the Court if there is any change in the address of the Petitioner. (ii) That the affidavit shall clearly state that the Petitioner is not an accused in any other case and if he is he shall not be released on bail. (iii) That the bailor shall also state on affidavit that he will inform the court concerned if the Petitioner is implicated in any other case of similar nature after his release in the present case and thereafter the court below will be at liberty to initiate the proceeding for cancellation of bail on the ground of misuse. (iv) That the Petitioner will give an undertaking that he will receive the police papers on the given date and be present on date fixed for charge and if he fails to do so on two given dates and delays the trial in any manner, his bail will be liable to be cancelled for reasons of misuse. (v) That the Petitioner will be well represented on each date and if he fails to do so on two consecutive dates, his bail will be liable to be cancelled.
Vikash/-
(Anjana Prakash, J.)
1 issue framed by the court
Whether the petitioner should be released on anticipatory bail given the nature of allegations and his antecedents.
1 provisions across 1 enactments
Sk. Anwar
The State of Bihar
Anjana Prakash
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
