Single judge order granting anticipatory救济? No. Order granting bail to a petitioner in police custody for six months pending submission of charge sheet in an IPC/Arms Act case.
Petitioner released on bail after six months in custody upon 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.24693 of 2015
Arising Out of PS.Case No. -75 Year- 2014 Thana -DIDARGANJ District- PATNA ====================================================== Awadhesh Kumar @ Awadhesh Singh S/o Shiv Shankar Singh Resident of Gyan Chak, P.S. Didarganj, District Patna. A/p Janakpur, P.S. Gauri Chak, District Patna. .... .... Petitioner/s Versus The State of Bihar .... .... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Tilak Sao For the Opposite Party/s : Mr. Shyam Kr.Singh(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 3 19-08-2015 The petitioner is languishing in custody since 31.3.2015 in connection with Didarganj P.S. Case No.75 of 2014 for the offences instituted under Sections 341, 326, 307/34 of the I.P.C. and 27 of the Arms Act. Heard learned counsel for the petitioner and learned counsel for the State.
The prosecution story, in brief, is that while the informant was harvesting his wheat crops three miscreants including the petitioner came there and the petitioner opened fire causing injury on his left arm on account of which he fell down. It has been submitted on behalf of the petitioner that the petitioner is in custody since 31.3.2015 and the charge sheet has
Patna High Court Cr.Misc. No.24693 of 2015 (3) dt.19-08-2015
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been submitted in the present case. The petitioner has no criminal antecedent. It has been submitted that the petitioner has been falsely implicated in this case due to land dispute between the parties. The petitioner and the informant are nonelse but they are own agnates. It is further submitted that the petitioner may be released after six months in custody since 31.3.2015.
On behalf of the State it has been submitted that the petitioner is named in the F.I.R. and there is direct allegation of assault against the petitioner.
Considering the aforesaid facts and circumstances, let the petitioner, above named, be released after completion of six months in custody since 31.3.2015 on bail on furnishing bail bond of Rs.10,000/-(Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Sri Sanjay Kumar IV, J.M., 1st Class, Patnacity, in connection with Didarganj P.S. Case No.75 of 2014.
AnilKrSinha/U T
(Sudhir Singh, J)
1 issue framed by the court
Whether the petitioner should be released on bail after completion of six months in custody.
Awadhesh Kumar @ Awadhesh Singh
The State of Bihar
Sudhir Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
