The High Court granted bail to the petitioner, a first-time offender apprehending arrest in a murder case. He was to surrender within four weeks and furnish a bond with sureties under Section 438(2) CrPC.
Petitioner released on bail upon surrender within four weeks by furnishing a bond of Rs. 10,000 with two sureties of 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.
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.24720 of 2016
Arising Out of PS.Case No. -24 Year- 2016 Thana -KHAIRA District- JAMUI ====================================================== Yadunandan Yadav, Son of Late Hemu Yadav, resident of Village- Gangti Bishanpur, P.S. Khaira, District- Jamui. .... .... Petitioner/s Versus The State of Bihar .... .... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Sanjay Kumar Singh For the Opposite Party/s : Mr. Satyavrat Verma (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 2 14-06-2016 Heard learned counsel for the petitioner and learned counsel appearing for the State.
Petitioner apprehends his arrest in connection with Khaira P.S. Case No. 24 of 2016, registered for the offences punishable under Sections 307 and other minor Sections of the Indian Penal Code as well as Section 27 of the Arms Act.
Petitioner and some other accused are named in the First Information Report and it is alleged that petitioner gave sword blow causing injury on the face and nose of the informant but submission on behalf of the petitioner is that it was prosecution party, who assaulted the informant and others on the alleged date of occurrence, for which informant lodged Khaira P.S. Case No. 28 of 2016 against the prosecution party. It is further submitted that the petitioner sustained several injuries
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including grievous injuries on his person in the alleged occurrence and as a matter of fact, the informant brought this case with a view to save his skin from the counter case. It is also pointed out that a co-accused namely, Mahadeo Yadav, having more or less similar allegation, has already been granted privilege of anticipatory bail by a co-ordinate Bench of this Court vide order dated 30.05.2016, passed in Cr. Misc. No. 23982 of 2016.
Considering the aforesaid facts and circumstances as well as submissions of the parties and also taking notes of the fact that petitioner does not have any criminal antecedent, let the petitioner above named, in the event of arrest/surrender within four weeks from today, be released on bail on furnishing bail bond of Rs.10,000/- with two sureties of the like amount each to the satisfaction of learned C.J.M., Jamui in Khaira P.S. Case No. 24 of 2016 subject to the condition as laid down under Section 438(2) of the Code of Criminal Procedure.
(Hemant Kumar Srivastava, J.)
kunal/rohit/-
U T
1 issue framed by the court
Whether bail should be granted to the petitioner in connection with Khaira P.S. Case No. 24 of 2016 involving offences under Sections 307 IPC and Section 27 Arms Act.
1 provisions across 1 enactments
Yadunandan Yadav
The State of Bihar
Hemant Kumar Srivastava
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
