The Patna High Court granted anticipatory bail to the petitioner in a case involving offences under the IPC, directing his release upon surrender within thirty days and furnishing a bail bond.
Bail of Rs. 10,000/- with two sureties of like amount each on surrender within thirty days subject to conditions under Section 438(2) CrPC.
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. 40116 of 2016
Arising out of P.S. Case No. - 45 Year - 2016 Thana - SULTANGANJ District - PATNA
====================================================== Md. Ali Zaman, S/o Late Md. Habibuzaman, R/O - Dargah Road, Teen Rahe Ki Masjid, P.S. - Sultanganj, Dist. - Patna
.... .... Petitioner
Versus 1. The State of Bihar 2. Md. Saukat Ali, S/O Late Md. Habibujjma .... .... Opposite Parties ====================================================== Appearance : For the Petitioner : Mr. Anil Kumar Singh, Advocate For the Opposite Party : Mr. Pawan Kumar Chaurasiya, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER
.... .... Opposite Parties
3 03-02-2017 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.
The petitioner is apprehending his arrest in a case registered for the offences punishable under Sections 341, 323, 379, 406, 420, 504 and 506/34 of the Indian Penal Code.
There was an agreement between the complainant/informant and the son of the petitioner. Allegation is that relying on the assurances of this petitioner, the complainant had entered into the said agreement with the son of the petitioner. The son of the petitioner had issued cheque which bounced, hence, entire allegation, apparently, is against the son of the petitioner.
Considering the facts and circumstances, let the petitioner, above named, in the event of his arrest or surrender
Patna High Court Cr.Misc. No.40116 of 2016 (3) dt.03-02-2017
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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 bond of Rs.10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate, Patna City/Successor Court in connection with Sultanganj Police Station Case No. 45 of 2016, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.
(Birendra Kumar, J)
Kundan
U T
1 issue framed by the court
Whether the petitioner is entitled to preliminary bail on the apprehension of arrest in the pending FIR.
2 provisions across 2 enactments
Md. Ali Zaman
The State of Bihar
Md. Saukat Ali
BIRENDBRA KUMAR
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
