An oral order where the Patna High Court releases the petitioners on bail pending arrest or surrender for恐慌 resulting from police action, subject to bond and surety conditions under relevant statutory provisions.
Release on bail on furnishing bond with two sureties within four weeks of service.
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.32083 of 2014
Arising Out of PS.Case No. -4 Year- 2014 Thana -KANKARBAGH District- PATNA ====================================================== 1. Vivek Kumar @ Bibek Kumar Son of Ramendra Kumar Sinha 2. Lucky Kumar @ Lucky Son of Dev Lal Paswan 3. Titu @ Tuttu @ Nakta @ Natkatta Son of Arvind Prasad all resident of Mohalla - East Indra Nagar Road No. 4 A, P.S. Kankarbagh, District - Patna .... .... Petitioner/s Versus The State of Bihar .... .... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Prashant Kashyap, Adv. For the Opposite Party/s : Mr. Anil Kumar Singh 1(A.P.P.) ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER
2 21-01-2015 Heard learned counsel for the petitioners and learned A.P.P. for the State.
Petitioners apprehend their arrest in connection with Kankarbagh P.S. Case No. 04 of 2014 arising out of Complaint Case No. 3882(c) of 2013 registered under Sections 341, 448, 384, 379 and 504/34 of the I.P.C.
Learned counsel appearing on behalf of the petitioners submits that on the basis of written report of Manu Kumar, brother of petitioner no.1 Kankarbagh P.S. Case No. 459 of 2013 was instituted on 04.11.2013 for the offence under Sections 448, 341, 323, 307, 506/34 of the I.P.C. and 27 of the Arms Act against the Rakesh Kumar, son of the complainant
Patna High Court Cr.Misc. No.32083 of 2014 (2) dt.21-01-2015
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informant of the present case, Mukesh Kumar and two others regarding the occurrence dated 03-4.11.2013. Due to that reasons, Rakesh Kumar, son of the informant got managed to file the Complaint Case No. 3882 of 2013 through her in the Court of C.J.M., Patna on 26.11.2013 with false allegation showing the incident of 24.10.2013 against petitioners, on which basis the present case is lodged only to put undue pressure.
Having considered the facts and circumstances of the case, let the petitioners above named, in the event of arrest or surrender before the Court below within four weeks from the date of receipt/production of the copy of this order, 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 Smt. Khyati Singh, Judicial Magistrate, 1st Class, Patna in connection with Kankarbagh P.S. Case No. 04 of 2014(G.R. No. 49/2014) arising out of Complaint Case No. 3882(c) of 2013, subject to the conditions as laid down under Section 438(2) of Cr. P.C.
(Rajendra Kumar Mishra, J.)
Shail/U T
2 issues framed by the court
Whether the petitioners should be released on bail in connection with the implicated police case before the concerned Judicial Magistrate.
Whether the petitioners can be released on bail on furnishing a specific bond and meeting surety conditions.
1 provisions across 1 enactments
Vivek Kumar @ Bibek Kumar and others
The State of Bihar
Rajendra Kumar Mishra
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
