Disposed
Sushil Kumar Singh and Ors. v. The State Of Bihar
Patna HCCR. MISC./12854/2017
Case brief
from the order text
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COURT OF JUDICATURE AT PATNA Criminal…
What the court decided
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IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No. 12854 of 2017
Arising out of P.S. Case No. - 87 Year - 2016 Thana - BANGAON District - SAHARSA
.... .... Petitioners
Versus
The State of Bihar
.... .... Opposite Party
====================================================== Appearance :
For the Petitioners : Mr. Bhaskar Shankar, Advocate For the Opposite Party : Mr. Chaubey Jawahar, A.P.P.
====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER
2 17-03-2017 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State.
The petitioners are apprehending their arrest in a case registered for the offences punishable under Sections 341, 323, 324, 307, 379, 504 and 506/34 of the Indian Penal Code.
Both sides are agnates. There is land dispute between the parties. There is case and counter case between the parties. Allegation is general and omnibus against the petitioners to have committed assault.
Submission of the petitioners is that to save the skin from the counter case wherein four persons were, allegedly, injured in the occurrence, the present false case has been lodged.
Patna High Court Cr.Misc. No.12854 of 2017 (2) dt.17-03-2017
2/2
On the other hand, learned counsel for the informant opposed the prayer for bail on the ground that allegation is general and omnibus.
Most of the petitioners have been allowed bail by the police itself. However, the Senior Superintendent of Police, Saharsa has issued show cause against the Investigation Officer who had accepted the bond of the petitioners for grant of bail.
Considering the aforesaid facts and circumstances, let the petitioners, above named, in the event of their arrest or surrender before the Court below within a period of thirty days from the date of receipt of the order, 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, Saharsa/Successor Court in connection with Bangaon Police Station Case No. 87 of 2016, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure as well as condition that the petitioners shall fully co-operate with the investigation and trial of the case, failing which the court below shall be at liberty to cancel the bail bonds of the petitioners.
(Birendra Kumar, J)
Kundan
U T
1 issue framed by the court
Whether to grant anticipatory bail to the petitioners who are apprehending arrest for multiple offences.
1 provisions across 1 enactments
Sushil Kumar Singh and others
The State of Bihar
Birendra Kumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court