Single judge order granting anticipatory bail to the petitioner in a PS case alleging offences under Sections 427 and 436 IPC. Tea house accused with sword was allowed bail on Rs. 10,000 with conditions.
Petitioner released on bail on furnishing bond of Rs. 10,000 with two sureties of like amount each, subject to standard conditions.
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.58248 of 2017
Arising Out of PS.Case No. -89 Year- 2016 Thana -DERNI District- SARAN
======================================================
.... .... Petitioner/s
Versus
.... .... Opposite Party/s
====================================================== Appearance :
For the Petitioner/s : Mr. Vagisha Pragya Vacaknavi For the Opposite Party/s : Mr. Dr.Mrityunjaya Kr.Gautam
====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER
2 12-12-2017 Heard learned counsel for the petitioner and the State.
The petitioner apprehends arrest in Derni P.S. Case No. 89 of 2016 instituted for the offence under Sections-427, 436 & other minor Sections of the Indian Penal Code.
There is allegation against this petitioner that the petitioner came armed with sword and set fire on the northern side of the thatched house of the informant. It is alleged that when the informant raised objection, then he attempted to assault with sword but did not hit the informant.
It has been submitted that with similar allegation, coaccused namely, Vivek Tiwary has been granted anticipatory bail by this court vide order dated 05-12-2017 passed in Cr. Misc. No. 53440 of 2017.
In such circumstances, prayer for anticipatory bail is
Patna High Court Cr.Misc. No.58248 of 2017 (2) dt.12-12-2017
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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 Derni P.S. Case No. 89 of 2016 to the satisfaction of learned Additional Chief Judicial Magistrate-VII, Saran at Chapra 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
2 issues framed by the court
Whether the petitioner is entitled to anticipatory bail in the present PS Case alleging offences under Sections 427 and 436 IPC?
Whether similar bail granted to a co-accused influences the discretion in this bail case?
1 provisions across 1 enactments
Prashant Kumar Tiwary
The State of Bihar
Sanjay Priya
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
