The Patna High Court issued an oral order granting anticipatory bail to the petitioner in a complaint case involving alleged extortion and snatching under IPC Sections 323 and 386.
Anticipatory bail granted with a bond of Rs. 10,000 and two sureties, subject to surrendering within 12 weeks and conditions under Section 438(2) Cr.P.C.
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.25357 of 2015
Arising Out of PS.Case No. -465 Year- 2015 Thana -SAHARSA COMPLAINT CASE DistrictSAHARSA ====================================================== Prem Kumar Mishra .... .... Petitioner/s Versus State of Bihar & Anr .... .... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Pramod Mishra For the Opposite Party/s : Mr. S.D.Singh Yadav(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 2 17-07-2015 Heard learned counsels for the petitioner and the State. The petitioner is apprehending arrest in a complaint case wherein process has been directed to be issued after cognizance being taken for the offences punishable under Sections 323 and 386 of the Indian Penal Code.
It is alleged that the petitioner demanded extortion, snatched ` 12,000/- and assaulted to the complainant.
It is submitted by learned counsel for the petitioner that for the occurrence of 23.02.2015, the complaint was filed on 28.02.2015. The petitioner is the neighbour of the informant. Supplementary affidavit has been filed to the effect that the complainant has not received any injury. A statement has been made in para 3 of the petition that the petitioner has no criminal antecedent.
Patna High Court Cr.Misc. No.25357 of 2015 (2) dt.17-07-2015
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It is submitted by learned counsel for the complainant that there is specific accusation against the petitioner in the complaint petition.
Considering the delayed ventilation of the accusation through complaint, let the above named petitioner 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) with two sureties of the like amount each to the satisfaction of the learned C.J.M., Saharsa in connection with Complaint Case No. 465C of 2015, 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 the petitioner is entitled to anticipatory bail in a complaint case alleging extortion and snatching.
1 provisions across 1 enactments
Pramod Mishra
State of Bihar
DINESH KUMAR SINGH
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
