The Patna High Court granted bail to the petitioner accused of crimes including rioting, outraging modesty, and attempt to murder. The court noted lack of specific allegations and prior bail granted to co-accused.
Release on bail in connection with Udakishunganj P.S. Case No. 117 of 2015 with execution of bail bond and two sureties.
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.3896 of 2016
Arising Out of PS.Case No. -117 Year- 2015 Thana -UDAKISHUNGANJ District- MADHEPURA ====================================================== Dilip Roy Son of Rajendra Roy, Resident of Village - Chharrapatti Word No. 06, P.S. Udakishunganj, District - Madhepura. .... .... Petitioner/s Versus 1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Alok Kumar Singh For the Opposite Party/s : Mr. M.Dayal(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 2 12-02-2016 Heard learned counsel for the petitioner and learned A.P.P. representing the State. The petitioner seeks bail in connection with Udakishunganj P.S. Case No. 117 of 2015 registered for the offences punishable under Sections 147, 148, 149, 341, 323, 324, 506, 448, 380 and 307 of the Indian Penal Code. Allegedly the petitioner and other five F.I.R. named accused persons came at the door of the informant, started abusing and thereafter started assaulting the family members of the informant with farsa, lathi , spear and arrow causing injury to Saroj Yadav, Manoj Yadav, Karan Yadav and Jairam Yadav.
Submission is of false implication and that there is case and counter case, the occurrence has taken place due to land
Patna High Court Cr.Misc. No.3896 of 2016 (2) dt.12-02-2016
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dispute, there is no specific allegation against the petitioner and he has got no criminal antecedent, other co-accused namely, Rajendra Rai and Shibu Roy have been allowed bail by another co-ordinate Bench of this Court and the petitioner is suffering in custody since 21.12.2015, deserves sympathetic consideration to which the learned A.P.P. is not in a position to distinguish the case of the petitioner.
In the facts and circumstances stated above, the petitioner, above named, is also directed to be released on bail on execution of bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the Learned S.D.J.M., Udakishunganj, Distt. Madhepura in connection with Udakishunganj P.S. Case No. 117 of 2015 subject to the conditions that one of the bailors must be near relative and another having sufficient immovable property within the territorial jurisdiction of the court concerned and the petitioner shall remain present on each and every date during trial and the default on two consecutive dates on his part without any reason shall disentitle the petitioner from privilege of bail.
(Jitendra Mohan Sharma, J)
sushma/U T
1 issue framed by the court
Whether the petitioner is entitled to release on bail given the lack of specific allegations against him and his prior bail to co-accused.
Dilip Roy
The State of Bihar
Jitendra Mohan Sharma
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
