The Patna High Court granted bail to the petitioner in a case registered under sections 307, 395, 326, 337 IPC and Arms Act following an attack on police, fixing a bond of Rs. 10,000.
Bail granted on furnishing bond of Rs. 10,000 with two sureties of the like amount each to Sri Sarvesh Kumar Mishra, JMI, Aurangabad.
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.34328 of 2016
Arising Out of PS.Case No. -16 Year- 2016 Thana -NARARI KALA KHURD DistrictAURANGABAD ====================================================== 1. Baban Yadav S/o Suresh Yadav resident of village - Sasana, P.S. Narari Kala Khurd, District - Aurangabad .... .... Petitioner/s Versus 1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Bhaskar Shankar For the State : Mr. Dilip Kr Sinha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER
2 20-08-2016 Heard learned counsel for the petitioner as well as learned Additional Public Prosecutor for the State.
Petitioner seeks bail in a case registered under Sections-307, 395, 326, 337 & other minor sections of the Indian Penal Code and 25(i-b)a/26/35 of the Arms Act.
Petitioner and several other named accused as well as
unknown persons attacked on police party, when one Barun Kumar Singh was arrested by the informant and other police officials in connection with Narari P.S. Case No. 13 of 2016. The petitioner and his associates allegedly, not only pelted stones but also made indiscriminate firing on the police party.
Submission on behalf of the petitioner is that there
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was dispute between the management of NTPC and labourers for which, Narari P.S. Case No. 13 of 2016 had been registered.The police, in collusion with management of NTPC, having lodged the aforesaid Narari P.S. Case No. 13 of 2016, started to arrest innocent persons, which was opposed by the labourers resulting institution of the present case also. It is further submitted that moreover, no specific overt act has been attributed against the petitioner. The petitioner does not have any criminal antecedent and is languishing in jail custody since 04-06-2016.
Considering the above-said facts and circumstances of the case as well as submission of the parties, let the petitioner named above, be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each in connection with Narari Kala Khurd P.S. Case No. 16 of 2016 to the satisfaction of Sri Sarvesh Kumar Mishra, learned Judicial Magistrate-Ist Class, Aurangabad.
(Hemant Kumar Srivastava, J)
A.K.V./-
U T
1 issue framed by the court
Whether bail should be granted to the petitioner in a case involving offences under the IPC and Arms Act?
Baban 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
