Single judge order granting anticipatory bail to three petitioners apprehending arrest for public violence and lashing. Bail granted conditional on bond, sureties, and appearance. Orders quashed another bail application linked to same matter.
Released on anticipatory bail on furnishing bond of Rs. 5000 each with two sureties of like amount.
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.42430 of 2014
Arising Out of PS. Case No. -464 Year- 2014 Thana -ARA NAWADA District- BHOJPUR
====================================================== Praduman Kumar Bhashkar, Son of Sri Nunubabu Jha, resident of MohallaKatra, Arrah, P.S.- Arrah, District- Bhojpur at Arrah.
.... .... Petitioner.
Versus
The State of Bihar .... .... Opposite Party. ====================================================== with Criminal Miscellaneous No.42801 of 2014 ===================================================== Ram Dular Singh, Son of Sri Narad Singh, Resident of Mission Road Pakari, Ara, P.S.- Ara Nawada in the District of Bhojpur
.... .... Petitioner Versus
The State of Bihar .... .... Opposite Party
======================================================
with
Criminal Miscellaneous No.42227 of 2014
====================================================== Sanjay Singh, son of Sri Kashi Nath Singh, resident of Village- Barki Kharaon, P.S. - Sahar, District - Bhojpur. .... .... Petitioner
Versus
The State of Bihar. .... .... Opposite Party ====================================================== Appearance : (In Cr.Misc. No.42430 of 2014) For the Petitioner/s : Mr. Rajendra Prasad Singh, Sr. Advocate : Mr. Mukesh Kumar Singh, Advocate For the Opposite Party/s : Mr. Sanjay Kumar Singh (App) (In Cr.Misc. No.42801 of 2014) For the Petitioner/s : Mr. Prabhu Narayan Sharma, Advocate For the Opposite Party/s : Mr. A.M.P. Mehta (App) (In Cr.Misc. No.42227 of 2014) For the Petitioner/s : Mr. Dudh Nath Singh, Advocate For the Opposite Party/s : Mr. Sanjay Kr. Singh (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE SAMARENDRA PRATAP SINGH ORAL ORDER
2 10-04-2015 Heard learned counsel for the petitioners and the State.
All the petitioners apprehend their arrest in a case for the offence under Sections 147, 148, 149, 332, 333, 307, 353, 337, 435, 427, 120B and 115 of the Indian Penal Code.
Patna High Court Cr. Misc. No.42430 of 2014 (2) dt.10-04-2015
2 / 2
The petitioners represent different coaching institutes in the town of Arrah. Some time back, a Sales Tax raid was made on the Coaching centers.
It is alleged that the students blocked the road consequent to which some unruly incident took place including throwing of brick bats etc. It is alleged that the students acted at the behest of the petitioners.
The petitioners submit that no case under Section 307 of the Indian Penal Code is made out and the allegations are misfounded.
In that view of the matter, in the event of arrest or surrender before the court below within four weeks from today the above named petitioners be released on anticipatory bail on furnishing bail bond of Rs.5000/- (Five thousand) each with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Bhojpur at Arra in connection with Arra Nawada P.S. Case no. 464 of 2014, subject to the conditions as laid down under Section 438 (2) Cr.P.C. with the condition that one of the bailors of each of the petitioners will deposit the surety amount in cash.
(Samarendra Pratap Singh, J.)
Uday/-
U T
1 issue framed by the court
Whether the petitioners are entitled to anticipatory bail given the apprehension of arrest in an offence punishable under sections 147, 148, 149, 332, 333, 307, 353, 337, 435, 427, 120B and 115 of the
2 provisions across 1 enactments
Praduman Kumar Bhashkar
Ram Dular Singh
Sanjay Singh
The State of Bihar
Samarendra Pratap Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
