In a bail application, the Patna High Court released the petitioner on bail for offences under various IPC sections, requiring a bond of Rs. 10,000 with two sureties within six weeks.
Petitioner released on bail upon surrender/arrest within six weeks by depositing Rs. 10,000 with two sureties of Rs. 10,000 each.
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.20954 of 2016
Arising out of PS.Case No. -79 Year- 2014 Thana -SITAMARHI District- SITAMARHI
====================================================== Sajan Kumar Yadav @ Rajan Yadav, Son of Umesh Rai, Resident of Village- Nearest of Raj Kumar Hotel Betal Shopkeeper, P.S.- Sitamarhi, District- Sitamarhi. .... .... Petitioner Versus The State of Bihar. .... .... Opposite Party ====================================================== Appearance : For the Petitioner : Mr. Sanjay Kumar, Advocate. For the Opposite Party : Mr. Anuj Kr.Srivastav(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 3 27-06-2016 Heard learned counsel for the petitioner and learned counsel for the State.
The petitioner is apprehending his arrest in connection with Sitamarhi P.S. Case No. 79 of 2014 for the offences instituted under Sections 147, 148, 149, 341, 323, 324, 307, 504 and 506 of the IPC.
The prosecution story, in brief, is that on the date of occurrence, while the informant was going towards Rajopatti, the petitioner and others surrounded the informant, armed with hockey stick, chain and chaku etc. It is alleged that co-accused Govind Kumar Singh assaulted the informant with hockey stick on the head of the informant. The accused persons gave threat to the informant to pay Rs. 1,00,000/- as Rangdari otherwise they would kill him.
It has been submitted on behalf of the petitioner that the
Patna High Court Cr.Misc. No.20954 of 2016 (3) dt.27-06-2016
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petitioner has got no criminal antecedent. The petitioner has falsely been implicated in the present case. Seven named persons alongwith twenty five unknown persons are said to have assaulted the informant. From perusal of the injury report, it appears that there are only two injuries. No specific allegation has been made against the petitioner. General and omnibus allegation has been made against the petitioner.
On behalf of the State it has been submitted that the petitioner is named in the F.I.R.
Considering the aforesaid facts and circumstances, let the petitioner above named, be released on bail in the event of his arrest or surrender before the learned court below within a period of six weeks from today in connection with Sitamarhi P.S. Case No. 79/2014 on furnishing bail bond of Rs. 10,000/-(Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned C.J.M., Sitamarhi, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.
U.K./U T
(Sudhir Singh, J)
1 issue framed by the court
Whether to grant bail to the petitioner in a serious offence involving cruelty and threat to life under IPC sections 147, 148, 149, 307, 504, and 506.
1 provisions across 1 enactments
Sajan Kumar Yadav @ Rajan Yadav
The State of Bihar
Sudhir Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
