Single judge order granting anticipatory bail to petitioners facing arrest under Sections 341, 323, 379, 504 IPC and SC/ST Act. Court imposed specific bond conditions.
Released on anticipatory bail on furnishing a bail bond of Rs. 10,000 each with two sureties of the like amount to satisfy the Judicial Magistrate, Sherghati.
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.41140 of 2015
Arising Out of PS.Case No. -34 Year- 2015 Thana -BARACHATTI District- GAYA ====================================================== 1. Ranjeet Kumar alias Sarvjit Kumar Son of Yadu Yadav 2. Pawan Kumar, Son of Yadu Yadav All are resident of Village- Majhuli, P.S.- Barachatti, District- Gaya. .... .... Petitioner/s Versus 1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Rashid Izhar For the Opposite Party/s : Mr. Ambika Bhagat (Spl.App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 2 07-10-2015 Petitioners are apprehending their arrest in a case registered for the offences punishable under Sections 341, 323, 379, 504, 34 of the Indian Penal Code and Section 3(1)(x) of the SC & ST (Prevention of Atrocities) Act.
The prosecution case is that informant was invited on the inauguration of Jain temple when he was not allowed to enter into the temple, abused by calling caste name and assaulted.
It is submitted by learned counsel for the petitioners that for the occurrence of 17.01.2015 the First Information Report was registered on 19.01.2015 and subsequently the informant has retracted from the initial version and has filed a petition to that effect before learned Court below. There is counter version of the occurrence also.
A statement has been made in para 3 of the
Patna High Court Cr.Misc. No.41140 of 2015 (2) dt.07-10-2015
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petition that petitioners have no criminal antecedent.
Considering the aforesaid facts, let the petitioners, above named, in the event of their arrest or surrender before the Court below within a period of 12 weeks from today, be released on anticipatory bail on furnishing bail bond of Rs. 10,000/-(ten thousand) each with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate, 1st Class, Sherghati, Gaya in connection with Barachatti P.S. Case No. 34 of 2015, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.
(Dinesh Kumar Singh, J)
Shageer/-
U T
2 issues framed by the court
Whether the petitioners are entitled to anticipatory bail in a case involving offences under the SC & ST (Prevention of Atrocities) Act.
Whether the withdrawal of the initial FIR and existence of a counter-version warrants the grant of anticipatory bail with non-bailable conditions.
2 provisions across 2 enactments
Ranjeet Kumar alias Sarvjit Kumar
Pawan 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
