The Court allowed an application for anticipatory bail arising from a criminal case involving offences under the Indian Penal Code, noting the high probability of the FIR being retaliatory.
Petitioners granted anticipatory bail subject to appearance within four weeks and furnishing bail bonds.
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.42108 of 2016
Arising Out of PS.Case No. -247 Year- 2016 Thana -AHIAPUR District- MUZAFFARPUR ====================================================== 1. Gopi Sahni 2. Manoj Sahni both sons of Khokha Sahni 3. Sunil Sahni 4. Bablu Sahni both sons of Jangli Sahni 5. Khokha Sahni S/o Late Mani Sahni all resident of Village- Chhit Bhagwatipur, P.S.- Ahiyapur, District- Muzaffarpur. .... .... Petitioner/s Versus 1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Diwakar Prasad Karn For the Opposite Party/s : Mr. Sri Akhileshwar Dayal ====================================================== 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 Ahiyapur P.S. Case No. 247 of 2016, disclosing offences under Sections 341,323,307,379,504/34 of the Indian Penal Code. Learned counsel for the petitioners has submitted that for an occurrence, which is said to have taken place on 21.03.2016, petitioner No.1 had lodged an FIR of Ahiyapur P.S. Case No.223 of 2016, in which the informant of this case is an accused. He has submitted that in retaliation to lodging of the said FIR, the present FIR has been registered seven days thereafter on 28.03.2016,
2
which casts serious doubt on veracity of the allegations.
Considering the above, 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, Muzaffarpur in Ahiyapur P. S. Case No. 247 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.
(Chakradhari Sharan Singh, J)
ArunKumar/-c U
1 issue framed by the court
Whether anticipatory bail should be granted in light of the petitioner's claim that the FIR was retaliatory and cast doubt on the veracity of the allegations.
1 provisions across 1 enactments
Gopi Sahni and others
The State of Bihar
Chakradhari Sharan Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
