The Patna High Court allowed bail to the petitioner in a case under Section 394 IPC, noting that the charge was framed and a coordinate bench had granted bail to a co-accused. The petitioner must furnish bail bonds with two sureties.
Released on bail by furnishing a bond of Rs 10,000/- with two sureties of the like amount.
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.
Patna High Court Cr.Misc. No.22970 of 2016 (2) dt.19-07-2016
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IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.22970 of 2016
Arising Out of PS.Case No. -189 Year- 2015 Thana -DHURAIYA District- BANKA ====================================================== 1. Md. Arshad Ali @ Mhd. Arshad Ali S/o Mhd. Jamil Ahmad @ Mhd. Shamim resident of Village- Puraini, P.S.- Jagdishpur, District- Bhagalpur. .... .... Petitioner/s Versus 1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Praveen Kumar For the Opposite Party/s Mr. Ashlam Ansari(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 02/ 19.07.2016 Heard learned counsel for the petitioner as well as learned
Addl. Public Prosecutor for the State.
Petitioner seeks bail in a case registered under section 394 of the Indian Penal Code.
Earlier prayer for bail of the petitioner was rejected by a coordinate bench of this court vide order dated 5.2.2016 passed in Cr. Misc. no. 49912/2015 but a liberty was given to the petitioner to renew his prayer for bail after framing of the charge.
Submission on behalf of the petitioner is that charge has already been framed against the petitioner on 4.3.2016 and moreover, having more or less similar allegation co–accused Md. Faruk has already been granted privilege of bail by a coordinate bench of this court.
Considering the aforesaid facts and circumstances as well as submissions of the parties, let the petitioner be released on bail on
Patna High Court Cr.Misc. No.22970 of 2016 (2) dt.19-07-2016
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furnishing bail bonds of Rs 10,000/- with two sureties of the like
amount each to the satisfaction of Addl. Sessions Judge V, Banka in Sessions Trial no. 38/2016 arising out of Dhoraiya P.S. Case no. 189/2015. shahid (Hemant Kumar Srivastava,J) U T
2 issues framed by the court
Whether the petitioner is entitled to be released on bail considering the framing of charges and prior bail order for a co-accused.
Whether the earlier rejection of bail prayer in Cr. Misc. no. 49912/2015 bars a fresh application after framing of charge.
1 provisions across 1 enactments
Md. Arshad Ali @ Mhd. Arshad Ali
The State of Bihar
Hemant Kumar Srivastava
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
