In a bail petition under Section 438 CrPC regarding offences under IPC and SC/ST Act, the Patna High Court granted interim bail requiring the production of the petitioner within four weeks and furnishing a bond.
Released on bail within four weeks upon furnishing a bond of Rs. 10,000 with two sureties 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.39493 of 2015 Arising out of PS.Case No. -256 Year- 2015 Thana -BODHGAYA District- GAYA ====================================================== Sanjay Yadav, son of late Raksha Yadav, resident of village - Mahua Bigha (Darwan), P.S. - Cherki, District - Gaya. .... .... Petitioner Versus The State of Bihar. .... .... Opposite Party ====================================================== Appearance : For the Petitioner : Mr. Prithivi Raj Singh, Advocate. For the Opposite Party : Mr. Sadanand Paswan(Spl.Pp) ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 2 28-09-2015 Heard learned counsel for the petitioner and learned counsel for the State The petitioner is apprehending his arrest in connection with Bodh Gaya (Cherki) P.S. Case No. 256/2015 for the offences instituted under Sections 448, 341, 323, 324, 379, 504, 506/34 of the IPC and 3(1)(x) of the SC/ST (Prevention of Atrocities) Act. It is alleged that the petitioner gave Lathi blow on the informant’s wife and snatched a silver chain from her and took Rs. 1500/- from the pocket of the informant.
It has been submitted on behalf of the petitioner that the petitioner has got no criminal antecedent. It is further submitted that as far as Section 379 IPC is concerned, the same is superficial in nature. As far as the offence under SC/ST Act is concerned, the
Patna High Court Cr.Misc. No.39493 of 2015 (2) dt.28-09-2015
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same is not attributed as the place of occurrence is inside the house. Other Sections are bailable.
On behalf of the State it has been submitted that the petitioner is named in the F.I.R.
Considering the aforesaid facts and circumstances, let the petitioner above named, be released on bail in the event of his arrest or surrender before the learned court below within a period of four weeks from today in connection with Bodh Gaya (Cherki) P.S. Case No. 256/2015 on furnishing bail bond of Rs. 10,000/(Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned C.J.M., Gaya, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.
U.K./U T
(Sudhir Singh, J)
1 issue framed by the court
Whether the petitioner should be released on anticipatory bail while maintaining a bail bond from date of arrest or surrender.
3 provisions across 3 enactments
Sanjay Yadav
The State of Bihar
SUDHIR SINGH
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
