Single bench order granting anticipatory bail to four petitioners in a case involving assault and hurt, releasing them on bail bonds subject to conditions.
Petitioners released on anticipatory bail on furnishing bail bonds of Rs.10,000 each with two sureties of like amount each 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.23478 of 2016
Arising Out of PS.Case No. -231 Year- 2014 Thana -BAUSI District- PURNIA
======================================================
The State of Bihar .... .... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Viveka Nandsingh For the Opposite Party/s : Mr. L.K. Sharma(App)
====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER
02/ 25-05-2016 Heard learned counsels for the petitioners
and the State.
The petitioners are apprehending their arrest in a case registered for the offences punishable under Sections 144, 447, 324 and 307 of the Indian Penal Code.
The prosecution case is that in the background of land dispute the accused persons including the petitioners came and assaulted with spear on the head of the informant as a result the informant fell down. On alarm being raised Md. Anwar and Md. Md. Asfaque came to rescue when they were also assaulted.
It is submitted by learned counsel for the petitioners that in the background of land dispute the accusation
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has been levelled. The accusation of assaulting the informant is omnibus and general against five persons when the informant has received four injuries out of which only one injury has been found to be grievous. The son of the informant has received simple injury. There is a counter version of the occurrence also and petitioners’ side have also received injury.
A statement has been made in paragraph 3 of the petition that the petitioners have no criminal antecedent.
Considering the genesis of the occurrence and the accusation being omnibus and general, let the above named petitioners be released on anticipatory bail, in the event of 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) each with two sureties of the like amount each to the satisfaction of learned Sub Jude II-cumA.C.J.M., Purnea in connection with Baisi P.S. Case No. 231 of 2014, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.
(Dinesh Kumar Singh, J)
DKS/-
U T
1 issue framed by the court
Whether the petitioners are entitled to anticipatory bail in an apprehended arrest in a case involving IPC offenses of riot, voluntarily causing hurt, assault, and attempt to murder.
1 provisions across 1 enactments
Md. Faisal Son of Ramzan, Shamim Akhtar@Ramzan Son of late Basir, Kalwa@Khushdil @kalo Son of Ramzan, Durdana @Durri wife of Ramzan
The State of Bihar
Dinesh Kumar Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
