Hon'ble Single Judge granted anticipatory bail to the petitioners in a criminal case alleging offences of assault and attempt to murder, fixing a surrender term and bond conditions.
Petitioners allowed anticipatory bail to surrender within four weeks on bail 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.42107 of 2016
Arising Out of PS.Case No. -145 Year- 2016 Thana -UCHAKAGAON District- GOPALGANJ
====================================================== 1. Mahanth Singh son of Ram Pujan Singh 2. Sharda Nand Singh son of Sri Bhagwan Singh 3. Kamlesh Singh @ Kamlesh Kumar son of Awadh Bihari Singh All resident of Village- Brahmain, P.S.- Uchkagaon, District- Gopalganj. .... .... Petitioner/s Versus 1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Naresh Prasad For the Opposite Party/s : Mr. Md. Sufiyan ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER
2 03-10-2016 Heard learned counsel for the petitioners and learned Additional Public Prosecutor, appearing on behalf of the State. This application for grant of anticipatory bail arises out of Uchkagaon P.S. Case No. 145 of 2016, disclosing offences under Sections 341,323,324,307,379,504/34 of the Indian Penal Code.
Learned counsel for the petitioners has submitted that the main allegation is against co-accused Vijay Singh, who is said to have assaulted the informant with sword , whereas, there is allegation against petitioner Nos. 2 and 3 that they assaulted the informant with danda on instigation of petitioner no.1. Learned counsel for the petitioners has also submitted that on the basis of
2
counter version, another First Information Report being Uchkagaon P.S. Case No. 147 of 2016 has been registered, consequent upon on recording of fardbeyan of the said co-accused Vijay Singh.
Learned Additional Public Prosecutor has opposed the prayer for anticipatory bail.
However, considering the facts and circumstances of the case, this application is allowed. Let the petitioners above-named, in the event of their 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) each with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Goaplganj in Uchkagaon P. S. Case No. 145 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 petitioners shall present themselves before the police/court, as the case may be, as and when required and in the event of failure on their part to appear before the Court on two consecutive occasions, their bail bonds shall be liable to be cancelled.
ArunKumar/-c U
(Chakradhari Sharan Singh, J)
2 issues framed by the court
Whether the petitioners are entitled to the grant of anticipatory bail in the instant criminal case.
Whether the conditions for bail under Section 438 CrPC are satisfied in the present facts.
1 provisions across 1 enactments
Mahanth Singh
Sharda Nand Singh
Kamlesh Singh
The State of Bihar
CHAKRADHARI SHARAN SINGH
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
