The Patna High Court granted anticipatory bail to petitioners in a criminal case involving assault and theft, noting discrepancies between alleged injuries and medical findings and a prior litigation history between parties.
Petitioners released on anticipatory bail for 12 weeks by furnishing a bond of Rs. 10,000 with two 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.35145 of 2015
Arising Out of PS.Case No. -55 Year- 2015 Thana -BHELDI District- SARAN ====================================================== 1. Birendra Rai Son of Suraj Rai, 2. Suraj Rai, Son of Guru Mauj Rai, Both are resident of village - Sohebpur Police Station Bheldi District - Saran at Chapra. .... .... Petitioner/s Versus 1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Krishna Kumar Singh For the Opposite Party/s : Mr. Ram Chandra Sahni (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER
The petitioners are apprehending arrest in a case registered for the offences punishable under Sections 341,323,324,307,379,504 and 506/34 of the Indian Penal Code.
The prosecution case is that petitioner no. 1 with farsa and petitioner no. 2 with bhujali assaulted the informant when the informant received injury with farsa on head and with bhujali on neck and chest when others also made assault. Petitioner Birendra Rai took out five thousand rupees from the pocket of the informant.
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It is submitted by the learned counsel for the petitioners that the accusation has been levelled in the background of land dispute. One superficial skin deep injury has been found on the neck while other superficial injury has been found on the chest. Both the injuries have been found to be simple in nature. It is further submitted that at earlier point of time the petitioners side lodged Bheldi P.S. Case No. 1 of 2008 against the informant side when the informant side lodged Bheldi P.S. Case No. 7 of 2008 against the petitioners side. The injury report does not suggest any injury on the head when the informant claimed that he received injury on the head.
Considering the fact that the accusation is not corroborated with the injury found by the doctor and the litigated relationship between the parties from before, 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, Saran at Chapra in connection with Bheldi P.S. Case No.55 of 2015 subject to the
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conditions as laid down under Section 438(2) Cr.P.C.
Anil/-
U T
(Dinesh Kumar Singh, J)
1 issue framed by the court
Whether the petitioners are entitled to anticipatory bail given the lack of corroboration in injury reports and the existence of a prior litigated relationship.
1 provisions across 1 enactments
Birendra Rai
Suraj Rai
The State of Bihar
Dinesh Kumar Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
