Anticipatory bail application by petitioners in PS Case No. 66 of 2015 involving allegations of rioting, intimidation, and arson. Court granted bail pending conclusion of inquiry.
anticipatory bail granted with bail bonds of Rs. 10,000 each and two sureties, subject to conditions under Section 438(2) and arrest within twelve weeks.
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.35931 of 2015
Arising Out of PS.Case No. -66 Year- 2015 Thana -PATNA CITY CHOWK District- PATNA ====================================================== 1. Rita Devi, wife of late Mahavir Singh, resident of Fasad Ka Maidan P.O.- Jhauganj P.S.- Chowk Patna City, District- Patna. 2. Sushila Devi, wife of Ayodhya Prasad, resident of Anand Mai Nagar Ratu Block, P.O.- Ratu , P.S.- Ratu, District- Ranchi (Jharkhand). 3. Sunita Devi wife of Suresh Singh, resident of Village- Udrahmapur, P.S.- Mehdiganj, District- Patna. 4. Meera Devi, wife of Mahesh Singh, resident of Panchagarhi Bazar, Katras P.O.- Katras, P.S.- Katras, District- Dhanbad (Jharkhand). .... .... Petitioner/s Versus 1. The State of Bihar. 2. Dharmendra Kumar, son of Mohan Lal, resident of Chowk Sikarpur Nalapur, P.S.- Patna City Chowk, District- Patna. .... .... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Sanjay Kumar Verma For the Opposite Party/s : Mr. Binod Kumar 3 (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER
02/ 04-09-2015 Heard learned counsels for the petitioners, State and the informant.
The petitioners are apprehending their arrest in a case registered for the offences punishable under Sections 147, 148, 149, 504, 427 and 436 of the Indian Penal Code. It is alleged that the petitioners and others along with 50-60 unknown came variously armed and kept the dead body of one Mahabir Singh in front of the house of the
Patna High Court Cr.Misc. No.35931 of 2015 (2) dt.04-09-2015
2/3
informant. It is also alleged that Mahesh Singh, Ajit Singh and Suresh Singh abused the brother of the informant when coaccused Ajit Singh took Rs.45,000/- from the cash box and Suresh Singh instigated the miscreants to made obstruction and rob the articles. Since the informant and others were inside the room after concealing themselves then the miscreants put the shop of the informant on fire.
It is submitted by learned counsel for the petitioners that accusation of litting the shop on fire is not specific against the petitioners. The specific accusation is against Mahesh Singh, Ajit Singh and Suresh Singh.
A statement has been made in paragraph 3 of the petition that the petitioners have no criminal antecedent.
It is submitted by learned counsel for the informant that the shop of the informant burnt to ashes and all the accused persons came variously armed and took way cash.
Considering the fact that the accusation is not specific against the petitioners and a statement has been made in paragraph 3 of the petition that the petitioners have no criminal antecedent, let the above named petitioners be released on anticipatory bail in the event of their arrest or surrender before the learned court below within a period of twelve weeks
Patna High Court Cr.Misc. No.35931 of 2015 (2) dt.04-09-2015
3/3
from today, on furnishing bail bonds of Rs.10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate, Patna City in connection with Patna City Chowk P.S. Case No. 66 of 2015, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.
(Dinesh Kumar Singh, J)
DKS/U T
1 issue framed by the court
Whether the petitioners are eligible for anticipatory bail in a case involving public prosecution under Sections 147, 148, 149 of the Indian Penal Code.
2 provisions across 2 enactments
Rita Devi and others
The State of Bihar
Dharmendra Kumar
Dinesh Kumar Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
