The Patna High Court granted pre-arrest bail to three petitioners in a case registered under various sections of the Indian Penal Code, directing their release on furnishing bonds and sureties within specified conditions.
Directed release on bail by furnishing bonds of Rs.10,000 each and two sureties of the like amount within six 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.50556 of 2015
Arising Out of PS.Case No. -422 Year- 2015 Thana -KHAZANIHAT District- PURNIA ====================================================== 1. Asha Devi wife of Sri Suresh Paswan 2. Karu Kumar Paswan @ Karu Paswan son of Sri Suresh Paswan 3. Suresh Paswan son of late Sampat Paswan All are residents of Shanti Nagar, Newalal Chowk, P.S.- K. Hat, District- Purnea. .... .... Petitioner/s Versus 1. The State of Bihar. 2. Dinesh Das son of late Jugal Das, resident of Shanti Nagar, Newalal Chowk, P.S.- K. Hat, District- Purnea. .... .... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Amit Kumar Anand, Advocate For the Opposite Party/s : Mr. R.B.Roy Raman, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL ORDER 2 06-11-2015 Heard learned counsel for the petitioners and learned counsel for the State. The petitioners seek pre-arrest bail in connection with K. Hat (Marnga) P.S. Case No.422 of 2015 registered under sections 147, 364, 379 and 307/34 of the Indian Penal Code.
Regard being had to the occurrence alleged to have taken place on 5th May, 2015 for which a complaint was instituted on 11.9.2015 without any explanation for the inordinate delay caused in filing the complaint, in the event of arrest or surrender in the court below within six weeks from today, the above named petitioners are directed to be released on bail on furnishing bail
Patna High Court Cr.Misc. No.50556 of 2015 (2) dt.06-11-2015
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bonds of Rs.10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Purnea in connection with K. Hat (Maranga) P.S. Case No.422 of 2015 subject to the conditions as laid down under section 438(2) of the Code of Criminal Procedure.
(Ashwani Kumar Singh, J)
Md.S./-
U T
2 issues framed by the court
Whether the petitioners are entitled to pre-arrest bail in connection with the charges under the Indian Penal Code.
Whether the inordinate delay in filing the complaint warrants pre-arrest bail.
1 provisions across 1 enactments
Asha Devi
Karu Kumar Paswan
Suresh Paswan
The State of Bihar
Dinesh Das
Ashwani Kumar Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
