Allowed

Chhotan Nishad and Ors. v. The State Of Bihar

Patna HC2 May 2018CR. MISC./24082/2018

Case brief

AI extract

What is this about?

The High Court granted anticipatory bail to six petitioners in a criminal case involving allegations of assault. The court allowed withdrawal of the application regarding one petitioner who was already in custody. Bail was granted with specific conditions including local sureties and appearance before police.

What did the court decide?

Bail granted to petitioners 1 to 4 and 6 upon surrender within six weeks, subject to furnishing bonds and specific conditions regarding sureties, local bailability, and cooperation with police investi

Chhotan Nishad and Ors. Vs The State Of Bihar — Bail and Remand | Patna HC (2018)

¶1

IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.24082 of 2018

¶2

Arising Out of PS.Case No. -463 Year- 2017 Thana -BARAUNI District- BEGUSARAI

¶3

======================================================

¶4

Chhotan Nishad, son of Bhuna Nishad.

¶5

Sanjay Nishad, son of Chhotan Nishad.

¶6

Bambam Nishad, son of Chhotan Nishad.

¶7

Dilip Nishad, son of Sushil Nishad.

¶8

Shushil Nishad, son of Bhuna Nishad.

¶9

Pavitri Devi, wife of Chhotan Nishad. All residents of Village- Simariya Ghat Bind Toli, P.S.- Chakiya, District- Begusarai.

¶10

.... .... Petitioner/s

¶11

Versus

¶12

The State of Bihar.

¶13

.... .... Opposite Party/s

¶14

====================================================== Appearance : For the Petitioner/s : Mr. Surendra Kumar Mishra For the Opposite Party/s : Mr. Sri Anish Chandra

¶15

====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER

¶16

2 02-05-2018 Heard learned Counsel for the petitioners and learned Additional Public Prosecutor for the State.

¶17

At the very outset, learned counsel for the petitioners has submitted that petitioner has been taken into custody and as such this application with regard to petitioner no. 5 has become infructuous and he may be permitted to withdraw this application with regard to petitioner no. 5.

¶18

Permission is accorded.

¶19

Accordingly, this application with regard to petitioner no. 5 is dismissed as withdrawn.

¶20

So far other petitioners are concerned, they are

¶21

Patna High Court Cr.Misc. No.24082 of 2018 (2) dt.02-05-2018

¶22

2/3

¶23

apprehending their arrest in connection with Barauni Police Station Case No. 463 of 2017, disclosing offences under Sections 147, 341, 323, 308 and 504 of the Indian Penal Code.

¶24

Allegation against the petitioners is of assault to the informant and his other family members.

¶25

Learned Counsel for the petitioner has submitted that there is case and counter case between the parties and they have falsely been implicated in this case and though there is allegation of assault to informant and other family members of the informant, however, the injuries are found to be simple in nature.

¶26

Having heard both sides, considering the facts and circumstances of the case, let the petitioners nos. 1 to 4 and 6, in the event of their arrest or surrender before the Court below within six weeks, be released on bail on furnishing bail bond of Rs. 25,000/- (Twenty Five Thousand) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Begusarai, in connection with Barauni Police Station Case No. 463 of 2017, subject to the condition laid down under Section 438 (2) of the Code of Criminal Procedure., it is further subject to the condition that:-

¶27

I. One of the bailors of the petitioners

¶28

Patna High Court Cr.Misc. No.24082 of 2018 (2) dt.02-05-2018

¶29

3/3

¶30

shall be a local person having sufficient immovable property within the jurisdiction of the court concerned.

¶31

II. The petitioners shall cooperate in the investigation and make themselves available as and when required by the police and on the event on failure of their part to appear before the police on two consecutive dates, the prosecution will be free to move for cancellation of their bail bonds.

¶32

(Vinod Kumar Sinha, J)

¶33

sunil/-

¶34

U T

Chhotan Nishad and Ors. v. The State Of Bihar

Case brief

What is this about?

What did the court decide?

Chhotan Nishad and Ors. v. The State Of Bihar

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Binod Kumar @ Binod Sah Vs The State Of Bihar

Jhalak Singh @ Chalk Singh @ Sunil Kumar Singh and Ors. Vs The State Of Bihar

Arun Paswan Vs State of Bihar

Dinesh Kumar @ Dinesh Yadav and Ors. Vs The State Of Bihar

Ramayan Turi Vs The State Of Bihar

Nagendra Singh Vs The State Of Bihar