Patna High Court granted anticipatory bail to the petitioner apprehending arrest in a case involving offences under Sections 363, 366A, and 376 IPC, where he was summoned during trial under Section 319 Cr.P.C.
Petitioner released on anticipatory bail with cash bonds of Rs.10,000/- each plus two sureties of the like amount for 12 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.4278 of 2015
| Arising Out of PS.Case No. -24 Year- 2007 Thana -DARBHANGA District- DARBHANGA ====================================================== Sanjay Sah Son of Sri Hira Lal Sah Resident of Mohalla - Hasan Chak Makhnahi, P.S. - Nagar, District -Darbhanga. .... .... Petitioner/s Versus The State of Bihar |
|---|
| .... .... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Manish Kumar No 13 For the Opposite Party/s : Mr. A.M.P.Mehta(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER |
| 02/ 03-02-2015 Heard learned counsels for the petitioner |
and the State.
The petitioner is apprehending his arrest in a case registered for the offences punishable under Sections 363, 366A and 376 of the Indian Penal Code.
The petitioner was named in the FIR, but he was not sent up for trial as the charge-sheet was submitted only against Vijay Kumar Sah. Now the petitioner has been summoned during trial in exercise of jurisdiction under Section 319 of the Cr.P.C. vide order dated 24.01.2014. The impugned order does not reflect the discussion of evidence which persuaded the learned trial court to summon the petitioner in exercise of jurisdiction under Section 319 of the Cr.P.C.
Patna High Court Cr.Misc. No.4278 of 2015 (02) dt.03-02-2015
2/2
Considering the aforesaid facts, let the above named petitioner be released on anticipatory bail in the event of his arrest or surrender before the learned court below within a period of twelve weeks from today, on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge-II, Darbhanga in connection with Sessions Trial No. 267(A) of 2007 arising out of Town P.S. Case No. 24 of 2007, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.
The learned trial court will be at liberty to cancel the bail bonds of the petitioner, if he defaults for two consecutive occasions.
(Dinesh Kumar Singh, J)
DKS/-
U T
1 issue framed by the court
Whether the petitioner, apprehending arrest in a trial where he was subsequently summoned as an accused under Section 319 Cr.P.C., is entitled to anticipatory bail?
2 provisions across 1 enactments
Sanjay Sah
The State of Bihar
Dinesh Kumar Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
