The High Court at Patna granted an order for anticipatory bail to four petitioners in an FIR involving IPC offences, allowing release on bail upon arrest or surrender subject to standard conditions.
Anticipatory bail granted; release on bail upon arrest or surrender within six weeks against bail of Rs. 10,000 each 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.7948 of 2016
Arising Out of PS.Case No. -224 Year- 2015 Thana -BARGANIA District- SITAMARHI ====================================================== 1. Ram Ayodhaya Sah Son of late Ram Jiwan Sah 2. Jai Prakash Kumar son of Awadhlal Sah 3. Pramod Sah son of Ram Ekbal Sah 4. Ram Ekbal Sah Son of late Ram Jiwan Sah All Resident of VilageJamua P.s Bairgania, District Sitamarhi. .... .... Petitioner/s Versus 1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Devendra Kumar For the Opposite Party/s : Mr. Raj Kishore Singh(App)
====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER
2 06-04-2016 Heard learned Counsel for the petitioners and learned Additional Public Prosecutor for the State.
This application, for grant of anticipatory bail, arises out of Bairgania Police Station Case No. 224 of 2015, disclosing offences under Sections 147, 148, 149, 323, 324, 325, 307, 504 and 506 of the Indian Penal Code.
Learned Counsel for the petitioners has produced before me a copy of the order, dated 15.03.2016, passed in Criminal Misc. No. 7202 of 2016, whereby coaccused, Awadhlal Sah, has been granted anticipatory bail. Learned Counsel for the petitioners has submitted that there is no such distinction between the case of the said coaccused, Awadhlal Sah, and the present petitioners, on
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which a different view can be taken for the purpose of granting anticipatory bail to the petitioners.
Learned Counsel for the petitioners appears to be right in his submission. This application is accordingly allowed.
Let the petitioners, namely, Ram Ayodhaya Sah, Jai Prakash Kumar, Pramod Sah and Ram Ekbal Sah, in the event of their arrest or surrender before the Court below within six weeks, be released on bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Sitamarhi, in connection with Bairgania Police Station Case No. 224 of 2015, subject to the condition 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.)
Prabhakar Anand/-
U √ T √
1 issue framed by the court
Whether the petitioners are entitled to anticipatory bail given that a coaccused has been similarly granted bail.
1 provisions across 1 enactments
Ram Ayodhaya Sah, Jai Prakash Kumar, Pramod Sah, Ram Ekbal Sah
The State of Bihar
Chakradhari Sharan Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
