This oral order grants anticipatory bail to five petitioners nominated in a police case involving affray, hurt, and attempted murder. The High Court released them subject to bail bonds and conditions under Section 438(2) CrPC.
Released on anticipatory bail with surety bonds of Rs. 10,000 each, 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.5672 of 2017
Arising Out of PS.Case No. -195 Year- 2016 Thana -AMNAUR District- SARAN
======================================================
.... .... Petitioners
Versus
.... .... Opposite Party
======================================================
Appearance :
For the Petitioner/s : Mr. Mukesh Kumar Singh For the Opposite Party/s : Mr. Narendra Kumar Singh
====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER
3 02-03-2017
Heard learned counsel for the petitioners, learned counsel for the informant and learned counsel appearing on behalf of the State.
The petitioners are apprehending their arrest in connection with Amnour P.S. Case No. 195 of 2016 for the offences instituted under Sections 147, 148, 149, 323, 324, 307 and 504 of the Indian Penal Code.
The allegation against the petitioners is that they along with other accused persons assaulted upon the informant by means of farsha, causing head and hand injury to him and when the villagers came at the place of occurrence, they fled away.
It has been submitted on behalf of the petitioners that
Patna High Court Cr.Misc. No.5672 of 2017 (3) dt.02-03-2017
2/2
the petitioners have got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioners. They have falsely been implicated in the present case. There is admitted enmity between the parties. The nature of injuries are said to be simple. Prior to institution of the present case, a case was instituted by the petitioner no.5, in respect of murder of his father, in which, the informant side is an accused.
On behalf of the State and the counsel for the informant, it has been submitted that the petitioners are named in the F.I.R.
Considering the aforesaid facts and circumstances, let the petitioners, above named be released on anticipatory bail in the event of their arrest or surrender before the learned court below within a period of six weeks from today, in connection with Amnour P.S. Case No. 195 of 2016 on furnishing bail bonds of Rs. 10,000/-(Ten Thousand) each with two sureties of the like amount each to the satisfaction of learned C.J.M., Saran at Chapra, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.
(Sudhir Singh, J)
Amit/U T
1 issue framed by the court
Whether the petitioners are entitled to anticipatory bail in PS Case No. 195 of 2016 in connection with offences u/s 147, 148, 149, 323, 324, 307 and 504 of the Indian Penal Code.
1 provisions across 1 enactments
Surendra Sah and others
The State of Bihar
Sudhir Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
