In a bail application, the High Court released the petitioner on anticipatory bail apprehending arrest in a case involving offences under the IPC and Arms Act.
Petitioner released on anticipatory bail on furnishing bonds of Rs. 10,000 each with two sureties before Sub-Divisional Judicial Magistrate, Sherghati (Gaya) within 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.4969 of 2015
Arising Out of PS.Case No. -38 Year- 2014 Thana -KOTHI District- GAYA ====================================================== 1. Jitan Yadav @ Jitendra Yadav Son of Ramdhani Yadav Resident of villKedarpur,P.S-Kothi,Distt.-Gaya .... .... Petitioner/s Versus 1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Arvind Kumar Singh, Advocate For the Opposite Party/s : Mr. Bhanu Pratap Singh (APP) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER
2 05-02-2015 Heard learned counsel for the petitioner and the
State.
The petitioner is apprehending his arrest in a case registered for the offences punishable under Sections 147, 148, 149, 341, 323, 307, 354, 436 of the Indian Penal Code, 27 of the Arms Act and Section 17 of the C.L.A. Act.
It is alleged that extremist entered into the house of the informant during marriage ceremony and enquired about son of the informant but when she did not produce her son then they attempted to put the house of the informant on fire, thereafter they slapped the women of the house.
It is submitted by the learned counsel for the petitioner that there is no specific allegation against the petitioner. The petitioner is the agnate of the informant.
Patna High Court Cr.Misc. No.4969 of 2015 (2) dt.05-02-2015
2
Statement has been made in para-3 of the petition that petitioner has no criminal antecedent.
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 Sub-Divisional Judicial Magistrate, Sherghati (Gaya) in connection with Kothi P.S. Case No. 38 of 2014, subject to conditions as laid down under Section 438(2) of the Indian Penal Code.
(Dinesh Kumar Singh, J)
P.K./-
U T
2 issues framed by the court
Whether to grant anticipatory bail to the petitioner seeking protection from arrest in the case of Section 147, 148, 149, 341, 323, 307, 354, 436 IPC and 17 CLA Act.
Whether the petitioner has any specific ingredients of offense against him in the prosecution case.
Jitan Yadav @ Jitendra Yadav
The State of Bihar
Dinesh Kumar Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
