The Patna High Court, considering the petitioner's re-detention after over a year and lack of specific allegations, granted bail in a case involving PESA and UAPA offences.
Petitioner directed to be enlarged on bail on furnishing 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.10981 of 2017
Arising Out of PS.Case No. -464 Year- 2014 Thana -MINAPUR District- MUZAFFARPUR
====================================================== 1. Lal Babu Sahni @ Bhaskar @ Bhaskar Jee Son of Sri Mahesh Sahni, Resident of Village- Aura Malikana, Police Station- Tariyani, DistrictSheohar.
.... .... Petitioner/s
Versus 1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Sunil Prasad Singh For the Opposite Party/s : Mr. Dr. Kumar Uday Pratap ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER
2 07-03-2017 Heard both sides.
The petitioner seeks bail in Minapur P.S. Case No. 464/2014, registered for the offences punishable under Sections 307 and other Sections of the Indian Penal Code and Section 27 of the Arms Act and Sections 17, 18 and other Sections of U.A.P. Act.
The gist of allegation is that the petitioner and others assembled at Turki Bazar and assaulted Bachchu Rai. The petitioner is one of the members of Mao Organization.
It is submitted that no specific allegation is made against the petitioner. The assault was made with lathi . The petitioner is in jail since 16.02.2016. He has already remained in
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jail for more than a year. The petitioner has got criminal antecedent, but he is on bail in other three cases.
Considering the nature of allegation made against the petitioner and the fact that the petitioner has already remained in jail for more than a year, the petitioner above named 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 Sessions Judge-cum-Special Judge, Muzaffarpur in connection with Minapur P.S. Case No. 464/2014. (Prabhat Kumar Jha, J.)
Rakhi
U T
1 issue framed by the court
Whether the petitioner is entitled to bail given his antecedents and the length of pre-arrest detention.
3 provisions across 3 enactments
Lal Babu Sahni @ Bhaskar @ Bhaskar Jee
The State of Bihar
Prabhat Kumar Jha
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
