The High Court at Patna granted pre-arrest bail to five petitioners in a criminal case involving offences under the Indian Penal Code. The court directed surrender within four weeks on furnishing a bond of Rs.10,000 with two sureties.
Release on bail upon surrender within four weeks by furnishing a bond of Rs.10,000 with two sureties.
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.49403 of 2015
Arising Out of PS.Case No. -57 Year- 2015 Thana -KARAI PARSURAI District- NALANDA (BIHARSHARIFF)
====================================================== 1. Sudama Paswan Son of Late Diplal Paswan, 2. Saroja Devi, Wife of Sri Sudama Paswan, 3. Rubi Kumari, Daughter of Sri Sudama Paswan, 4. Ram Sarekha Paswan, Son of Sri Sudama Paswan, All resident of village - Binsa, Police Station - Karai Parsurai, District - Nalanda. .... .... Petitioners Versus The State of Bihar .... .... Opposite Party ====================================================== Appearance : For the Petitioner/s : Mr. Raj Shekhar, Advocate For the Opposite Party/s : None. ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL ORDER 2 03-11-2015 Heard learned counsel for the petitioners. Despite repeated calls, none appears for the State. The petitioners seek pre-arrest bail in connection with Karai P. S. Case No. 57 of 2015 registered under Sections 341, 323, 504, 308/34 of the Indian Penal Code. It is contended that all the offences except Section 308 of the Indian Penal Code are bailable in nature and in the facts and circumstances the ingredients of Section 308 of the Indian Penal Code would not be attracted against the petitioners in the present case.
Patna High Court Cr.Misc. No.49403 of 2015 (2) dt.03-11-2015
2/2
Learned counsel for the State has opposed the application of the petitioners filed under Section 438 of the Code of Criminal Procedure.
Regard being had to the facts and circumstances of the case, in the event of arrest or surrender before the court below within four weeks from today, the petitioners named above 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 Smt. Rashmi Prasad, Judicial Magistrate, 1st Class, Hilsa, Nalanda in Karai P. S. Case No. 57 of 2015, subject to the conditions as laid down under Section 438 (2) of the Code of Criminal Procedure.
(Ashwani Kumar Singh, J.)
Kanchan/-
U T
2 issues framed by the court
Whether bail should be granted in a pre-arrest bail application under Section 438 CrPC.
Whether the offences charged attract grave circumstances warranting refusal of bail.
3 provisions across 2 enactments
Sudama Paswan and Others
The State of Bihar
ASHWANI KUMAR SINGH
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
