The Patna High Court granted anticipatory bail to four petitioners apprehending arrest in a case involving assault and robbery. Bail was subject to a monetary bond with sureties and specific conditions under Section 438(2) Cr.P.C.
Petitioners released on anticipatory bail pending arrest/surrender within 12 weeks by furnishing bond and sureties.
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.21799 of 2015
Arising Out of PS.Case No. -231 Year- 2013 Thana -SAHARSA District- SAHARSA ====================================================== 1. Birendra Yadav S/o Late Duni Lal Yadav, 2. Ramjee Yadav, S/o Late Duni Lal Yadav, 3. Surendra Yadav, S/o Late Duni Lal Yadav, 4. Mahendra Yadav, S/o Late Muni Lal Yadav, All resident of villagePatuaha Thuthi, Tola, Ward No. 36, P.S. & District- Saharsa .... .... Petitioner/s Versus 1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Anant Kumar-1 For the Opposite Party/s : Mr. A.Sharma(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER
It is alleged that petitioner no.1 Birendra Yadav came with unknown persons and assaulted the informant with farsa, lathi and danda and also took away ` 25,000/- from the pocket of the informant.
It is submitted by learned counsel for the petitioners that the informant has received simple injuries and there is counter version of the occurrence also. Moreover, Title Suit No. 263 of 2013 is also pending between the parties. The accusation is not
Patna High Court Cr.Misc. No.21799 of 2015 (2) dt.21-05-2015
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specific against petitioner nos. 2 to 4. A statement has been made in para 3 of the petition that the petitioners have no criminal antecedent.
Considering the aforesaid facts, let the above named petitioners be released on anticipatory bail, in the event of arrest or surrender before the learned Court below within a period of 12 weeks from today, on furnishing bail bond of ` 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the learned C.J.M., Saharsa in connection with Saharsa Sadar P.S. Case No. 231 of 2013, subject to the conditions as laid down under Section 438(2) Cr.P.C.
(Dinesh Kumar Singh, J)
Amrendra/-
U T
1 issue framed by the court
Whether anticipatory bail should be granted to the petitioners in connection with offences punishable under various sections of the Indian Penal Code.
1 provisions across 1 enactments
Birendra Yadav
Ramjee Yadav
Surendra Yadav
Mahendra 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
