The High Court at Patna granted anticipatory bail to the petitioner in a case involving offences under sections 394, 307, 302 IPC and 27 Arms Act, citing lack of specific allegations.
Petitioner granted anticipatory bail to surrender within six weeks and furnish bail 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.38258 of 2017
Arising Out of PS.Case No. -82 Year- 2017 Thana -PIPRAHI District- SHEOHAR
====================================================== Anil Baitha Son of Ramanand Baitha , R/o Village- Dhankaur, P.S.Piprahi, District- Sheohar.
.... .... Petitioner/s
Versus
The State of Bihar
.... .... Opposite Party/s
====================================================== Appearance : For the Petitioner/s : Mr. Sanjay Kumar No.-7 For the Opposite Party/s : Mr. Sri Surendra Kumar
====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER
4 01-09-2017 Heard learned counsel for the petitioner and the State.
The petitioner apprehends arrest in Piprahi P.S. Case No. 82 of 2017 instituted for the offence under Sections-394, 307, 302 of the Indian Penal Code and 27 of the Arms Act.
It has been submitted on behalf of the petitioner that informant is the deceased of this case. He has not named any body in the written report. He has alleged that while going on motorcycle, he was shot by two unknown persons.
C.D. has been received.
The informant in further statement after looking into photograph of Mansoor Alam has identified him as one of the persons who snatched money from him. The aforesaid Mansoor Alam in his confessional statement in paragraph-21 of the case diary, has taken the name of the petitioner.
Patna High Court Cr.Misc. No.38258 of 2017 (4) dt.01-09-2017
2/2
In such circumstances, there is no any specific allegation
against this petitioner.
In such circumstances, prayer for anticipatory bail is allowed and it is ordered that the petitioner named above in the event of his arrest or surrender in the court below within six weeks from the date of receipt/production of copy of this order, shall be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each in connection with in Piprahi P.S. Case No. 82 of 2017 to the satisfaction of learned Chief Judicial Magistrate, Sheohar subject to condition as laid down u/S 438(2) of the Cr.P.C. with further conditions (1) bailors should be local having sufficient immovable property within the jurisdiction of the court concerned, (2) petitioner 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 petitioner and (3) if petitioner tampers 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 petitioner.
(Sanjay Priya, J)
A.K.V./-
U T
1 issue framed by the court
Whether anticipatory bail should be granted to the petitioner apprehending arrest under sections 394, 307, 302 IPC and section 27 Arms Act.
1 provisions across 1 enactments
Anil Baitha
SANJAY PRIYA
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
