The Patna High Court granted anticipatory bail to four petitioners in a criminal case involving assault. The court imposed bail bonds of Rs. 10,000 each with families as sureties and required appearance after charge framing.
Bail bonds of Rs. 10,000 each with two family sureties granted, subject to appearance conditions.
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.12952 of 2016
Arising Out of PS. Case No. -230 Year- 2014 Thana -MADHUBAN DistrictEASTCHAMPARAN(MOTIHARI) ====================================================== 1. Dinkar Paswan Son of Late Yogendra Paswan 2. Dinesh Paswan Son of Late Kapildeo Paswan 3. Pramod Paswan Son of Late Kapildeo Paswan 4. Vinod Paswan Son of Late Kapildeo Paswan All four are Resident of village - Gurmiya P.S. Madhuban, District - East Champaran .... .... Petitioner/s Versus 1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Pankaj Kumar For the Opposite Party/s : Mr. Pushpa Sinha 2 (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE KISHORE KUMAR MANDAL ORAL ORDER
2 08-04-2016 Heard the counsel for the petitioners and the State. Apprehending their arrest in connection with Madhuban P.S. case no. 230 of 2014 registered under Sections 147,148,149,323,379,307, 504, 506 of the IPC petitioners have prayed for grant of anticipatory bail.
It is stated that as per allegation 12 persons suddenly caught the informant and assaulted brutally. Referring to the injury report, it has been submitted that the informant received superficial injuries. The doctor has found only complain of pain and swelling. The petitioners are witnesses in a case where the informant is an accused. They have no criminal antecedent.
Patna High Court Cr.Misc. No.12952 of 2016 (2) dt.08-04-2016
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Considering the facts and circumstances of the case, this Court is inclined to extend the privilege of anticipatory bail to the petitioners. Let the petitioners, named above, in the event of their arrest/surrender before the learned Court below within a period of four weeks from today, be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Motihari, in connection with Madhuban P.S. case no. 230 of 2014, subject to the condition as laid down under Section 438 (2) of the Cr.P.C. with further following conditions:-
(i) One of the bailors shall be the own/close family member of the petitioner(s).
(ii) As soon as the charges are framed the petitioner(s) shall appear in person before the trial court on the date(s) fixed at the trial. In case of default in such appearance on two consecutive dates, the trial Court shall have liberty to cancel the bail bonds of the petitioner(s) and secure their arrest in accordance with law.
(Kishore Kumar Mandal, J)
Shyam/U T
2 issues framed by the court
Whether to grant anticipatory bail to petitioners facing assault charges.
What conditions should be imposed on the grant of anticipatory bail.
2 provisions across 2 enactments
Dinkar Paswan
Dinesh Paswan
Pramod Paswan
Vinod Paswan
The State of Bihar
Kishore Kumar Mandal
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
