The Patna High Court granted anticipatory bail to eight petitioners, apprehending arrest in a case under various provisions of the IPC, directing release upon surrender within four weeks upon furnishing a bond and posting sureties.
Release on bail of Rs. 10,000 each with two sureties of like amount upon surrender within four weeks.
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.23476 of 2015
Arising Out of PS.Case No. -97 Year- 2014 Thana -NANHPUR District- SITAMARHI
.... .... Petitioner/s Versus
1. The State of Bihar
.... .... Opposite Party/s
====================================================== Appearance :
For the Petitioner/s : Mr. Vinod Kumar For the Opposite Party/s : Mr. Veena Kumari Jaiswal (App)
====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER
2 22-09-2015 Heard learned counsel for the petitioners and the State. The petitioners are apprehending their arrest in a case instituted under Sections 147, 148, 149, 341, 323, 324, 325, 307, 504 and 506 of the Indian Penal Code.
It is alleged by the informant that all the petitioners armed with deadly weapons arrived at the Darwaza of the informant and started abusing the informant and on protest all the petitioners assaulted with khanti on his head, neck, causing serious injuries. It is further alleged that Manoj Sharma came to save but he was also assaulted by lathi. The petitioners also took away Rs.
Patna High Court Cr.Misc. No.23476 of 2015 (2) dt.22-09-2015
2/2
15,000/- from the pocket of brother of the informant.
It has been submitted on behalf of the petitiners
that the petitioners have got no criminal antecedent. The petitioners have been falsely implicated in the present case. There is no motive alleged in the FIR. From perusal of two injury reports it would appear that all the injuries are simple in nature except one injury of Nathuni Sharma, which is on the ribs. There is no allegation of assault, as alleged in the FIR, on the chest of Nathuni Sharma.
On behalf of the State, it has been submitted that the petitioners are named in the FIR.
Considering the aforesaid facts, let the above named petitioners, in the event of their arrest or surrender in the court below within a period of four weeks, 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 learned C.J.M., Sitamarhi in connection with Nanpur P.S.Cse No. 97 of 2014, subject to the conditions as laid down u/s 438(2) Cr.P.C.
(Sudhir Singh, J)
singh/-
U T
1 issue framed by the court
Whether bail should be granted to the petitioners in the criminal case instituted under various sections of the Indian Penal Code.
1 provisions across 1 enactments
Pukari Sharma
Iltu Sharma
Biltu Sharma
Chhotoo Sharma
Pachuchu Sharma
Jhoti Sharma
Sudhir Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
