Single judge bench allowed anticipatory bail to three petitioners charged with offences including affray and attempted murder, subject to bond and sureties under Section 438 Cr.P.C., noting parties have compromised.
Release of petitioners on anticipatory bail conditioned on furnishing bail bond 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.29659 of 2017
Arising Out of P.S.Case No. -231 Year- 2015 Thana -SHERGHATI District- GAYA
.... .... Petitioners
Versus
The State of Bihar
.... .... Opposite Party
====================================================== Appearance : For the Petitioners : Mr. Arvind Kumar Singh, Advocate For the Opposite Party : Mr. Yogendra Kr. Singh, APP
====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY KUMAR ORAL ORDER
2 13-07-2017 Heard.
2 . The petitioners apprehend arrest in connection with Sherghaty (Dobhi) P.S.Case No.231 of 2015 registered for an offence under Sections 147, 148, 149, 341, 323, 307, 324, 353, 153(A), 427, 504 and 506 of the IPC and Section 27 of the Arms Act.
3 . The facts in brief is that the informant being the Officer I/C of Dobhi Police Station received information that due to fight of children, communal tension arose between two groups, in Karmauni Bazar and when the informant reached the place of quarrel, the mob pelted stones and both side resorted to fire on each.
Patna High Court Cr.Misc. No.29659 of 2017 (2) dt.13-07-2017
2/2
4 . Learned counsel for the petitioners submits that due to fight between two groups, each community lodged FIR against each other and subsequently, the police also lodged a case. Now the issue has been resolved and both parties have compromised. Moreover, the allegation is against the mob and the petitioners have clear antecedent. The petitioners are not named in the FIR. The other FIR named ten accused have been allowed anticipatory bail on 15.01.2016 in Cr.Misc.No.1858 of 2016 by one of the coordinate Bench of this Court.
5. Considering the aforesaid facts and circumstance, prayer of anticipatory bail is allowed. The above named three petitioners be released on anticipatory bail, in the event of their arrest or surrender before the court below within a period of six weeks from today, on furnishing bail bond of Rs.10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of ACJM, Sherghaty, Gaya in connection with Sherghati (Dobhi) P.S.Case No.231 of 2015, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.
(Sanjay Kumar, J)
B.Kr./-
U T
2 issues framed by the court
Whether anticipatory bail should be granted to the petitioners in connection with the alleged offences.
Whether the compromise between the parties and the antecedents of the petitioners justify granting bail.
1 provisions across 1 enactments
Rajdeo Kumar @ Rajdeo Yadav
Krishna Yadav
Tuntun Yadav
The State of Bihar
Sanjay Kumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
