Allowed a petition for anticipatory bail under Section 438 CrPC for accused charged under Sections 147, 148, 447 IPC in a rioting and assault case, subject to standard conditions.
Anticipatory bail granted on furnishing bail bond of Rs. 10,000 with two sureties, 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.34764 of 2018
Arising Out of PS. Case No.-244 Year-2017 Thana- JOGAPATTI District- West Champaran
======================================================
... ... Petitioner/s
Versus
The State of Bihar.
... ... Opposite Party/s
====================================================== Appearance : For the Petitioner/s : Mr. Bimlesh Kumar Pandey For the Opposite Party/s : Mr. Sri Sanjay Kumar Tiwary ======================================================
CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER
3 11-07-2018
Heard learned counsel for the petitioners and learned APP for the State.
Petitioners apprehend their arrest in Yogapatti P.S. case no. 244 of 2017 instituted for the offence under Section(s) 147, 148, 149, 447, 341, 323, 324, 308, 379,504 and 506 of the Indian Penal Code.
Allegation in the written report is that petitioner and other accused persons assaulted the informant with lathi, stick and farsa causing injury to him. The injury report of the informant is annexed as Annexure-4 to the bail petition which shows that both injuries were simple in nature caused by hard and blunt object.
In the facts and circumstances of the case, prayer of the
Patna High Court Cr.Misc. No.34764 of 2018(3) dt.11-07-2018 2/2
petitioners for grant of anticipatory bail is allowed. In the event of surrender/arrest of the petitioners, named above, within six weeks from today in connection with Yogapatti P.S. case no. 244 of 2017, they shall be released on anticipatory bail on furnishing bail bond of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the CJM, Bettiah, West Champaran, subject to the conditions as laid down under Section 438(2) Cr. P.C. with further conditions:(1) bailors should be local having sufficient immovable property within the jurisdiction of the court concerned, (2) petitioners 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 petitioners and (3) if petitioners tamper 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 petitioners.
shyambihari/-
U T
(Sanjay Priya, J)
1 issue framed by the court
Whether the petitioners are entitled to anticipatory bail in the Yogapatti P.S. case regarding offences of rioting, assault, and theft.
3 provisions across 2 enactments
Gafar Khan @ Gaffar Khan and others
The State of Bihar
Sanjay Priya
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
