The Patna High Court granted regular bail to petitioners apprehending arrest in a criminal case for offences under various sections of the Indian Penal Code, conditioned on their surrender within six weeks.
Regular bail granted subject to surrender within six weeks of the date of the order.
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.30163 of 2015
Arising Out of PS.Case No. -757 Year- 2014 Thana -BIHTA District- PATNA ====================================================== 1. Kamlesh Paswan, 2. Ramadhar Paswan .... .... Petitioner/s Versus The State of Bihar .... .... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Arvind Prasad Singh For the Opposite Party/s : Mr. M.Rab(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 2 29-07-2015 Heard learned counsels for the petitioners and the State. The petitioners are apprehending arrest in a case registered for the offences punishable under Sections 147,148,149,323,337,338,324,353,307,504,506,435 and 427 of the Indian Penal Code.
It is alleged that Circle Officer, Bihta and other police officers went to pacify a land dispute and maintain law and order when two ladies set a hut on fire, abused the police personnel and attacked on the police party when some of the police personnel received injury. Few persons were arrested on the spot. Name of the petitioners surfaced in the confessional statement of apprehended accused.
It is submitted by the learned counsel for the petitioners that the accusation is omnibus and general. Statement has been
Patna High Court Cr.Misc. No.30163 of 2015 (2) dt.29-07-2015
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made in paragraph 3 of the petition that the petitioner has no criminal antecedent.
Considering the omnibus and general nature of accusation, in view of this court, it is a case for consideration of the prayer for regular bail of the petitioners in case the petitioners surrender within six weeks from today in connection with Bihta P.S. Case No. 757 of 2014 pending in the court of learned A.C.J.M.
Danapur.
This application is disposed of with the aforesaid observation/direction.
(Dinesh Kumar Singh, J)
Anil/-
U T
2 issues framed by the court
Whether to accede to the prayer for bail conditioned on surrender within six weeks.
Whether the omnibus nature of the accusation warrants bail considerations in this criminal case.
1 provisions across 1 enactments
Arvind Prasad Singh and others
Dinesh Kumar Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
