The Patna High Court granted anticipatory bail to petitioners facing arrest in a land dispute case involving assault charges, directing them to surrender within six weeks and furnish bail bonds with sureties.
Petitioners allowed anticipatory bail; directed to surrender within six weeks on bail of Rs.10,000 each with two sureties of same amount.
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.2846 of 2018
Arising Out of PS.Case No. -58 Year- 2017 Thana -GAMAHARIYA District- MADHEPURA
====================================================== 1. Pulesh Yadav, S/o Sri Mahendra Yadav, 2. Mahendra Yadav S/o Late Sakhichand Yadav, Both R/o VillageRunapull, Tola, Behanga, Ward No.1, P.S.- Gamharia, District- Madhepura. .... .... Petitioner/s Versus 1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Pramod Mishra, Advocate Miss Monika, Advocate For the Opposite Party/s : Mr. Dr. Rabindra Kumar, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY KUMAR ORAL ORDER
3 01-02-2018 Heard learned counsel for the petitioners and learned A.P.P. for the State.
Petitioners apprehend arrest in connection with Gamharia P.S. Case No.58 of 2017 registered for the offences under Sections 323, 341, 307, 379, 504 and 34 of the I.P.C.
It has been submitted that the petitioners and the informant are agnates and there is a land dispute between them. These petitioners allegedly assaulted the injured on his nose and hand but the injury report on record does not corroborate the version of the informant as alleged in the F.I.R. The injured sustained lacerated and swelling injuries over hand, wrist and shoulder. There is also a counter case bearing Gamharia P.S.
Patna High Court Cr.Misc. No.2846 of 2018 (3) dt.01-02-2018
2
Case No.59 of 2017 from the side of petitioners. The petitioners have clean antecedent.
The learned A.P.P. for the State opposed the submission.
Considering the facts and circumstances of the case, the prayer for anticipatory bail is allowed and the above named petitioners in the event of arrest or surrender before the learned court below within six weeks from today, are directed to be released on bail on furnishing bail bonds of Rs.10,000/- (ten thousand) each with two sureties of the likewise amount each to the satisfaction of learned A.C.J.M. IV, Madhepura in connection with Gamharia P.S. Case No.58 of 2017, subject to the conditions as laid down under Section 438(2) of Cr.P.C.
(Sanjay Kumar, J)
Harish/-
U
2 issues framed by the court
Whether anticipatory bail should be granted to the petitioners apprehending arrest in a land dispute case.
Whether the conditions for grant of anticipatory bail under Section 438(2) Cr.P.C. were satisfied.
Colour shows how this judgement treated each authority
nullReferred
1 provisions across 1 enactments
Pulesh Yadav
Mahendra Yadav
The State of Bihar
Sanjay Kumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
