In a criminalMisc case, the Patna High Court allowed an application for anticipatory bail. The petitioner was to be released on bond with sureties if arrested, subject to conditions under Section 438(2) CrPC.
Application allowed; petitioner released on bail on furnishing bond with sureties subject to conditions under Section 438(2) CrPC.
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.41967 of 2016
Arising Out of PS.Case No. -45 Year- 2016 Thana -PAHARPUR DistrictEASTCHAMPARAN (MOTIHARI)
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Appearance :
For the Petitioner/s : Mr. Sanjay Kumar No.-7 For the Opposite Party/s : Mr. Arbind Kumar Pandey =====================================
CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI
SHARAN SINGH
ORAL ORDER
This application, for grant of anticipatory bail, arises out of Paharpur P.S. Case No. 45 of 2016, disclosing offences under Sections 341, 323, 324, 307, 379, 447, 448, 504 and 506/34 of the Indian Penal Code.
Learned counsel for the petitioner has submitted that he has no criminal antecedent and because of personal dispute, a false case has been lodged, making incorrect allegations. He has submitted that though there is allegation against the petitioner of causing assault with farsa , on the
Patna High Court Cr.Misc. No.41967 of 2016 (2) dt.29-09-2016
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head of the informant, the injuries have been found to be simple in nature. It has also been submitted that there is no allegation of repetition of blow in the First Information Report and in the absence of such allegation, no offence, under Section 307 of the Indian Penal Code, is made out against the petitioner.
Considering the submission, as above, this application is allowed. Let the petitioner, above named, in the event of his arrest or surrender before the court below within six weeks, be released on bail on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Motihari, East Champaran , in connection with Paharpur P.S. Case No. 45 of 2016 , subject to the condition 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 bond shall be liable to be cancelled.
(Chakradhari Sharan Singh, J)
Praveen-II/-c
U T
1 issue framed by the court
Whether to grant anticipatory bail to the petitioner in connection with offences under various sections of the Indian Penal Code.
1 provisions across 1 enactments
Saheb Kumar
The State of Bihar
Chakradhari
Sharan Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
