Criminal Miscellaneous petition challenging bail refusal. Court released petitioner on bail in connection with charges of rioting and assault, directing surety submission.
Petitioner released on bail by furnishing Rs. 10,000 bond with two sureties of like amount, one being a close relative.
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.29050 of 2016 Arising Out of PS.Case No. -152 Year- 2015 Thana -AADAPUR District- EASTCHAMPARAN(MOTIHARI) |
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| VIRDHUP PATEL Son of Late Bihari Patel, resident of Village- Nayak Tola, P.S.- Adapur, District- East Champaran. .... .... Petitioner/s Versus |
| 1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance : |
| For the Petitioner/s : Mr. Abhishek Kumar |
| For the Opposite Party/s : Mr. Sri Sadanand Paswan ====================================================== |
CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER
Petitioner is accused in connection with Adapur (Harpur) P.S. Case No. 152 of 2015 registered under Sections 147, 148, 149, 323, 504, 506, 379 of the I.P.C. and 3(i) (x) of the Scheduled Castes and Scheduled Tribes (prevention of atrocities) Act.
The accusation is that 18 persons named in the F.I.R., including he petitioner surrounded the elder brother of the informant, Bullet Kumar and his mother Bedami Devi in the field and on the order of co-accused Bhagirath Patel, Sanjay Patel, Suresh Patel, Vijay Patel and Kanhaiya Patel,
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Bikram Patel and this petitioner caused injury through lathi and phata to Bullet Kumar. At that time, this petitioner and Lalbabu Patel snatched Rs. 10,000/- from the pocket of Shyam Kishore Sah.
Submission is that there is general allegation against the petitioner to cause injury to the elder brother of the informant. In fact, due to grudge and enmity, this petitioner and others have been implicated in this case with false allegation to cause injury and snatching of Rs. 10,000/- from the pocket of Shyam Kishore Sah. While the petitioner has been made accused in three other cases as detailed in paragraph no.3 but in Adapur (Harpur) P.S. Case No. 124 of 2015 final form has been submitted and in Adapur (Harpur) P.S. Case No. 79 of 2014, he is on bail and Adapur (Harpur) P.S. Case No. 93 of 2015 has been filed by cousin of the present informant. It is also submitted that petitioner is in custody since 10.04.2016.
Having considered the facts and circumstances of the case, let the above named petitioner be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of S.D.J.M., Raxaul at Motihari, East Champaran in connection
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with Adapur (Harpur) P.S. Case No. 152 of 2015. Out of two sureties, one surety must be parents or close relatives of the petitioner.
petitioner.
(Rajendra Kumar Mishra, J)
Shail/T
1 issue framed by the court
Whether to grant bail to the petitioner accused under Sections 147, 148, 149, 323, 504, 506, 379 of the I.P.C.
Virdhup Patel
The State of Bihar
Rajendra Kumar Mishra
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
