Single judge order granting anticipatory bail to petitioners accused under various IPC sections where no strong ground existed, while rejecting prayers for two others facing substantiated assault allegations.
Anticipatory bail granted to petitioners 3-8 subject to surrender within four weeks; prayer for petitioners 1-2 rejected.
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.9703 of 2014
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For the Petitioner/s : Mr. Javed Aslam For the Opposite Party/s : A.P.P.
====================================================== CORAM: HONOURABLE MR. JUSTICE MIHIR KUMAR JHA ORAL ORDER
2 02-06-2014 Having regard to the nature of allegations against the petitioners for offence under sections 307, 323, 324, 147, 148, 149, 447, 448, 153, 153(A) and 379 of the Indian Penal Code while this Court is inclined to grant anticipatory bail to petitioners no. 3. Ashok Kumar @ Shoka Kumar, 4. Nand Lal Rai, 5. Balindra Kumar Yadav, 6. Ravindra Kumar Yadav, 7. Gajendra Rai and 8. Shambhu Rai, the prayer for anticipatory bail of petitioners no. 1 Sabindra Prasad Yadav and 2. Kanahi Rai @ Kanhaiya Rai, is hereby rejected, inasmuch as as against them there is specific allegation of assault by farsa which also stands substantiated from the medical injury report.
Patna High Court Cr.Misc. No.9703 of 2014 (2) dt.02-06-2014
2
That being so, if petitioners no. 3, 4, 5, 6, 7 and 8,
named above, would surrender before the court below within a period of four weeks from today, they shall be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the S.D.J.M., Sikrahana at Motihari in Chiraiya P.S.Case No. 226/2013, subject to the following conditions:
(i) The two bail bonds will be furnished by their close family relatives.
(ii) The petitioners will remain present in course of trial on each and every day and their absence even for two consecutive dates would automatically entail the consequences of cancellation of their bail.
(iii) The petitioners in case are now made accused in any other criminal case, that would itself lead to cancellation of their bail.
(Mihir Kumar Jha, J)
surendra/-
2 issues framed by the court
Whether anticipatory bail should be granted to all petitioners where specific allegations exist against some of them?
Whether conditions of surrender and bail bonds are applicable to those petitioners granted bail?
Sabindra Prasad Yadav
Kanahi Rai
Ashok Kumar
Nand Lal Rai
Balindra Kr Yadav
Ravindra Kr Yadav
Mihir Kumar Jha
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
