The High Court of Judicature at Patna granted anticipatory bail to the petitioner in a counter-blast case involving IPC offences, allowing surrender within six weeks.
Anticipatory bail granted on surrender within six weeks, furnishing bail bond of Rs. 10,000 with two sureties, subject to specified 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.36769 of 2018
Arising Out of PS. Case No.-163 Year-2013 Thana- KEOTI District- Darbhanga
======================================================
Md. Sofi @ Safi @ Sofi S/o Sikandar Residence of Vill/Mohalla- Banbari Patti, P.S. Keoti, Distt.- Darbhanga.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
====================================================== Appearance : For the Petitioner/s : Mr. Kedar Jha For the Opposite Party/s : Mr.Nawal Kishore Prasad. APP, ======================================================
CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA
ORAL ORDER
3 11-07-2018 Heard learned counsel for the petitioner and learned APP for the State.
Petitioner apprehends his arrest in Keoti P.S. Case No. 163 of 2013 instituted for the offence under Section(s)147, 148, 149, 341, 323, 324, 307, 504, 379 and 447 of the Indian Penal Code.
It is submitted that there is case and counter case between the parties. Petitioner has filed the counter case vide Keoti P.S. Case No. 164 of 2013 against the informant and others. The instant case has been filed as counter blast of the aforesaid case. In the counter case petitioner has also sustained injuries. In the instant case, it is alleged against this petitioner that he assaulted the Bhagina of the informant namely Sahabuddin with iron rod on the head. The injury report is available in the case diary.
Patna High Court Cr.Misc. No.36769 of 2018(3) dt.11-07-2018 2/2
Learned counsel submits that injuries are found to be simple in nature.
In the facts and circumstances of the case, prayer of the petitioner for grant of anticipatory bail is allowed. In the event of surrender/arrest of the petitioner, named above, within six weeks from today in connection with Keoti P.S. Case No. 163 of 2013, he shall be released on anticipatory bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the CJM, Darbhanga, 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) 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)
shyambihari/-
U T
2 issues framed by the court
Whether the petitioner is entitled to a grant of anticipatory bail in case No. 163 of 2013.
What conditions should be imposed on the petitioner while releasing him on bail.
1 provisions across 1 enactments
Md. Sofi @ Safi @ Sofi
The State of Bihar
Sanjay Priya
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
