A criminal miscellaneous petition involving three brother petitioners seeking pre-arrest bail in a case of attempted murder and assault. The Court granted bail provided they surrender and obtain bail from the Magistrate within six weeks.
Order for release on bail upon surrender to the Magistrate within six weeks and furnishing bonds.
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.35858 of 2018
Arising Out of PS.Case No. -59 Year- 2016 Thana -SAMASTIPUR District- SAMASTIPUR
All the petitioners are resident of village Jaijpatti, P.S.- Dalsingsarai District Samastipur at present resident of Mohalla Barapathar, Ward No. 15, P.S. -Town, District- Samastipur.
.... .... Petitioner/s
Versus
The State of Bihar.
.... .... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr.Bhavesh Kumar, Advocate For the Opposite Party/s : Ms. Meena Singh, APP
====================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL ORDER
2 02-07-2018 Heard learned counsel for the petitioners and learned counsel for the State.
The petitioners seek pre-arrest bail in connection with Samastipur Town P.S. Case No.59 of 2016 registered under Sections 341, 323, 307, 379, 504 and 506 read with 34 of the Indian Penal Code.
It is submitted by the learned counsel for the petitioners that the ingredients of the offence punishable under Section 307 of the Indian Penal Code are not attracted even on admitted allegation of the case. The further contention is that the FIR has been instituted in view of the fact that the petitioner no.1 Kalebar
Patna High Court Cr.Misc. No.35858 of 2018 (2) dt.02-07-2018
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Ram had filed Samastipur S.C./S.T. Case No.61 of 2015 inter alia under the provisions of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act against the family members of the informant and because of that the instant case has been instituted.
Learned counsel for the State has opposed the prayer for grant of pre-arrest bail to the petitioners.
Considering the nature of allegation and the submissions made above, in the event of arrest or surrender in the court below within six weeks from today, the petitioners are directed to be released on bail on furnishing bail bond of Rs.10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Samastipur in connection with Samastipur Town P.S. Case No.59 of 2016, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.
(Ashwani Kumar Singh, J)
Md.S./-
U T
2 issues framed by the court
Whether the petitioners are entitled to pre-arrest bail in connection with charges of culpable homicide and attempted murder.
Whether the underlying case was instituted primarily due to a Scheduled Castes/tribes case filed by the respondent's family.
3 provisions across 2 enactments
Kalebar Ram
Manoj Ram
Mukesh Ram
The State of Bihar
Ashwani Kumar Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
