Single-judge oral order granting anticipatory bail to petitioner Rupesh Kumar apprehending arrest in a criminal case involving IPC and Arms Act offences. Bail granted on bailable conditions within a bond.
Release on anticipatory bail with bond of Rs. 10,000 and two sureties on conditions under Section 438(2) CrPC.
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.34448 of 2015
| Arising Out of PS.Case No. -138 Year- 2013 Thana -PIPRAKOTHI District- EASTCHAMPARAN(MOTIHARI) ====================================================== |
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|---|---|
| 1. Rupesh Kumar Son of Jata Shankar Singh Resident of Village - Belwatiya, P.S. - Pipra Kothi, District - East Champaran. |
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| .... .... Petitioner/s Versus 1. The State of Bihar .... .... Opposite Party/s ====================================================== |
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| Appearance : For the Petitioner/s : Mr. Bhaskar Shankar For the Opposite Party/s : Mr. J.N.Thakur(App) ====================================================== |
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| CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER |
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| 2 | 17-08-2015 Heard learned counsels for the petitioner and the State. |
| The petitioner is apprehending arrest in a case registered | |
| for the offences punishable under Sections 341,323,307 and 379 of | |
| the Indian Penal Code and section 27 of the Arms Act. |
It is alleged that on the order of Jata Singh, the petitioner caused fire arm injury on the leg of the informant.
It is submitted by the learned counsel for the petitioner that in the background of land dispute and pending title suit the accusation has been levelled and for the occurrence of 20.7.2013 the FIR has been registered on 22.7.2013. It is further submitted that on conclusion of investigation, the petitioner was not sent up for trial but differing with the final form cognizance has been
Patna High Court Cr.Misc. No.34448 of 2015 (2) dt.17-08-2015
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taken. Statement has been made in paragraph 3 of the petition that the petitioner has no criminal antecedent.
Considering the fact that on conclusion of investigation the petitioner was not sent up for trial and has no criminal antecedent, 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 twelve weeks from today on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned CJM, East Champaran, Motihari in connection with Pipra Kothi P.S. Case No.138 of 2013 subject to the conditions as laid down under Section 438(2) Cr.P.C.
(Dinesh Kumar Singh, J)
Anil/-
U T
1 issue framed by the court
Whether the petitioner should be granted anticipatory bail to prevent anticipated arrest in the underlying FIR.
1 provisions across 1 enactments
Rupesh Kumar
The State of Bihar
Dinesh Kumar Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
