The court allowed anticipatory bail to two petitioners in Jamui P.S. Case No. 404 of 2016, requiring surrender or arrest within six weeks and furnishing a bail bond with sureties under Section 438 CrPC.
Petitioners to be released on bail on surrender/arrest within six weeks; bail bond of 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.28945 of 2017
Arising Out of PS.Case No. -404 Year- 2016 Thana -JAMUI District- JAMUI
Versus
.... .... Petitioner/s .... .... Opposite Party/s
====================================================== Appearance :
For the Petitioner/s : Mr. Rajesh Kumar Sinha, Advocate For the Opposite Party/s : Mr. Amit Kumar Rakesh, APP
====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER
3/ 18-07-2017 Heard learned counsel for the Petitioners and the
State.
The Petitioners apprehend their arrest in Jamui P.S. Case No.404 of 2016 instituted for the offence under Section(s) 147, 148, 149, 341, 324, 307 Indian Penal Code and Section 27 of the Arms Act.
From the written report, it appears that there is specific allegation of firing against co-accused, Gandhi Gupta.
It has been submitted that co-accused, Gandhi Gupta, is already in custody.
In the facts and circumstances of the case, prayer of the petitioners for grant of anticipatory bail is allowed. In the event of surrender/arrest of the petitioners, named above, within
Patna High Court Cr.Misc. No.28945 of 2017 (3) dt.18-07-2017
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six weeks from today in connection with Jamui P.S. Case No.404 of 2016, they shall be released on anticipatory bail on furnishing bail bond of ` 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Jamui, subject to the conditions as laid down under Section 438(2) Cr. P. C. with further conditions (1) bailors should be local having sufficient immovable property within the jurisdiction of the court concerned, (2) petitioners shall cooperate in the trial and shall be present on each and every date fixed by the court and absence on two consecutive dates without proper and reasonable reason will automatically cancel bail bond of the petitioners and (3) if petitioners tamper with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioners.
(Sanjay Priya, J)
JA/-
U T
2 issues framed by the court
Whether the prayer for anticipatory bail should be allowed given the apprehension of arrest.
Whether the condition of surrender/arrest within six weeks should be imposed for the grant of anticipatory bail.
1 provisions across 1 enactments
Sonu Gupta @ Sanjeev Ranjan Gupta
Baua Gupta @ Rajeev Ranjan Gupta
The State of Bihar
Sanjay Priya
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
