This order grants anticipatory bail to the petitioner in a case involving alleged offences underSections 341, 323, 379, 307, 354B, 504, 506/34 IPC. The court allowed the application subject to the petitioner's arrest and surrender within four weeks.
Petitioner allowed bail on furnishing bond of Rs. 10,000 with 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.40964 of 2016
Arising Out of PS.Case No. -67 Year- 2016 Thana -BHARGAWAN District- ARRARIA ====================================================== 1. Rajesh Yadav S/o Mahendra Yadav Resident of Village-Mahthawa (Jai Nagar), P.S.- Bhargama, District-Araria .... .... Petitioner/s Versus 1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Kundan Kumar Singh For the Opposite Party/s : Mr. Arbind Kumar Pandey,APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER
2 27-09-2016 Heard learned counsel for the parties.
This application for anticipatory bail arises out of Bhargama P.S. Case No. 67 of 2016, disclosing offences under Sections 341, 323, 379, 307, 354B, 504,506/34 of the Indian Penal Code.
From the First Information Report, it appears that some occurrence had taken place because the persons accused in the First Information Report had allowed their buffalos to remain free and unttended which caused damage to the maize of the informant, which spread on the floor for drying.
Learned counsel for the petitioner has submitted that allegation of causing assault by iron rod and Khanti etc, is superimposition. According to him,
2
similar is the case as regards allegation of snatching of golden chain from the informant’s wife.
Considering the genesis of the occurrence and the nature of accusation, this application is allowed. Let the petitioner above-named in the event of his arrest/surrender within four weeks from today in the Court below 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 the learned 2nd Additional Chief Judicial Magistrate, Araria in Bhargama P.S. Case No. 67 of 2016, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.
This is subject to the condition that the petitioner shall present himself before the police/Court, as the case may be, as and when required and in the event of failure on his part to appear before the Court on two consecutive occasions, his bail bonds shall be liable to be cancelled
(Chakradhari Sharan Singh, J)
ArunKumar/-c
U
1 issue framed by the court
Whether the application for anticipatory bail should be allowed given the allegations of assault and snatching arising from an occurrence involving damaged crops?
1 provisions across 1 enactments
Rajesh Yadav
The State of Bihar
Chakradhari Sharan Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
