The High Court at Patna granted an order on an application for anticipatory bail in a criminal case involving offences under IPC sections 147, 148, and others, directing release upon arrest or surrender subject to bail conditions.
Released on bail if arrested or surrendered within four weeks, subject to conditions 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.42326 of 2015
Arising Out of PS.Case No. -30 Year- 2014 Thana -SIDHWALIA District- GOPALGANJ
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Petitioner no. 2 to 4 are sons of Vidya Singh, resident of Village- Ladauli, P.S.- Sidhwaliya, District- Gopalganj.
.... .... Petitioner/s
Versus
.... .... Opposite Party/s
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Appearance :
For the Petitioner/s : Mr. Uday Pratap Singh, Advocate For the Opposite Party/s : Mr. Kr. Ranjit Ranjan, APP
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CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL ORDER
2 08-10-2015 Heard learned counsel for the petitioners and learned counsel for the State.
The petitioners seek anticipatory bail in connection with Sidhwalia P.S. Case No. 30 of 2014 registered for the offences punishable under Sections 147, 148, 149, 323, 406, 420, 452 and 380 of the Indian Penal Code.
It is contended that the case was initially filed as a complaint which was referred to police 156(3) of the Code of Criminal Procedure for investigation pursuant to which the police case was registered and investigation was taken up.
Patna High Court Cr.Misc. No.42326 of 2015 (2) dt.08-10-2015
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It is further contended that for an alleged occurrence which is said to have taken place between 15th January, 2012 and June 2012, the complaint was filed on 29th April, 2013. It is further contended that the entire allegations made in the complaint are patently false and no documentary evidence has been led by the informant to support the allegation that he had made any payment to the petitioners of the present case.
Learned counsel for the State has opposed the prayer
for bail.
Be that as it may, taking into consideration the facts and circumstances of the case, in the event of arrest or surrender in the court below within a period of four weeks in the court below, the petitioners are directed to be released on bail on furnishing bail bond of Rs. 10,000/- (rupees ten thousand) with two sureties of the like amount each to the satisfaction of the learned Judicial Magistrate-1st Class, Goaplganj in connection with Sidhwalia P.S. Case No. 30 of 2014 subject to the conditions as laid down under Section 438 (2) of the Code of Criminal Procedure.
(Ashwani Kumar Singh, J.)
Sanjeet/-
U T
1 issue framed by the court
Whether anticipatory bail can be granted in pending cases registered under sections 147, 148 and others of the Indian Penal Code.
2 provisions across 2 enactments
VIDYA SINGH AND OTHERS
THE STATE OF BIHAR AND OTHERS
ASHWANI KUMAR SINGH
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
