Criminal Miscellaneous petition seeking anticipatory bail. Bench upheld bail direction considering a coordinate bench order in a similar case involving Anganbari Sevika dispute, releasing petitioner upon surrender within one month.
Directed that petitioner be released on bail upon surrender within one month by furnishing Rs. 10,000 bonds 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.53752 of 2017
Arising Out of PS. Case No. -222 Year- 2016 Thana -KHAIRA District- JAMUI
====================================================== Umesh Yadav, son of Late Hari Yadav, resident of Village- Lalpur, Police Station- Khaira, District- Jamui.
.... .... Petitioner/s
The State of Bihar
Versus .... .... Opposite Party/s
====================================================== Appearance :
For the Petitioner/s : Mr. Sanjay Kumar, Advocate For the Opposite Party/s : Mr. Shyameshwar Dayal, APP
====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER
2 10-11-2017 Heard learned counsel for the petitioner and State.
The petitioner is apprehending his arrest in connection with Khaira P.S. case no. 222 of 2016 for the offence under Sections 147, 148, 149, 341, 323, 324, 307, 504 and 506 of the Indian Penal Code.
Counsel for the petitioner submits that there is a case and counter case on account of dispute between the petitioner and informant’s side for selection of Anganbari Sevika. Counsel for the petitioner has drawn the attention of this Court to Annexure-5, order dated 19.09.2017, which was passed in the case of Barun Yadav in Cr. Misc. No. 40596 of 2017. He submits that it would be apparent that the allegation against Barun Yadav is more serious than this petitioner and he has already been granted anticipatory bail by a Co-ordinate Bench of this Court. He further
Patna High Court Cr.Misc. No.53752 of 2017 (2) dt.10-11-2017
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submits that the case of the petitioner stands on better footing, as such he deserves sympathetic consideration.
Considering the order dated 19.09.2017 passed in Cr.
Misc. No. 40596 of 2017, the petitioner, named above, in the event of arrest or surrender before the court below within one month from today, is directed to be released on bail on furnishing bail bonds of Rs.10,000/- (Rupees ten thousand) with two sureties of the amount each to the satisfaction of Chief Judicial Magistrate, Jamui in connection with Khaira P.S. case no. 222 of 2016 subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.
(Anil Kumar Upadhyay, J)
Uday/-
U T
1 issue framed by the court
Whether to grant bail to the petitioner apprehending arrest in connection with offences under Sections 147, 148, 149, 341, 323, 324, 307, 504 and 506 IPC.
Umesh Yadav
The State of Bihar
ANIL KUMAR UPADHYAY
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
