Single Judge order granting anticipatory bail to petitioner in PS Case No.382/2015 involving IPC and Damage to Public Property Act charges, subject to bond and conditions under Section 438(2) CrPC.
Order directing petitioner to be enlarged on bail by furnishing bond of Rs. 10,000 with two sureties within four weeks.
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.45807 of 2016
Arising Out of PS.Case No. -382 Year- 2015 Thana -JOGAPATTI DistrictWESTCHAMPARAN(BETTIAH) ====================================================== 1. Shailendra Pratap Singh S/o Shambhu Narayan Singh R/o VillageMachhargawa, P.S.-Yogapatti, District-West Champaran .... .... Petitioner/s Versus 1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Sanjay Kumar Pandey For the Opposite Party/s : Mr. Smt. Asha Devi ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 2 25-11-2016 Heard both sides. The petitioner apprehends his arrest in Jogapatti P.S. case No. 382 of 2015 under Section 307 and other Sections of the Indian Penal Code and under Section 3 of Damage to Public Property Act.
The Block Development Officer, Jogapatti named the petitioner along with other accused persons and alleged that petitioners were trying to cremate a dead body near a graveyard and they were also trying to put flag of Mahavir Jee on Government land.
It is submitted that three cases were lodged for the same occurrence, i.e., Jogapatti P.S. case No. 380 of 2015, 381 of
Patna High Court Cr.Misc. No.45807 of 2016 (2) dt.25-11-2016
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2015 and 382 of 2015, the present case. No specific allegation is made against the petitioner.
Considering the facts aforesaid and the nature of allegations made against the petitioner, the above named petitioner, in the event of his arrest or surrender before the learned court below within a period of four weeks from the date of receipt / production of a copy of this order, is directed to be enlarged 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 Chief Judicial Magistrate, West Champaran at Bettiah in Jogapatti P.S. Case No. 382 of 2015, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.
(Prabhat Kumar Jha, J)
BKS/-
U T
1 issue framed by the court
Whether the petitioner is entitled to bail in the PS Case No.382 of 2015 given the allegations of attempting to cremate a dead body on government land.
Shailendra Pratap Singh
The State of Bihar
Prabhat Kumar Jha
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
