In a pre-arrest bail application under Sections 341, 323, 324, 307, 379 and 504/34 IPC, the High Court directed the petitioner to surrender within six weeks to be released on bail upon furnishing bond with sureties.
Petitioner directed to be released on bail upon surrender within six weeks and furnishing bond with sureties.
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.5464 of 2018
Arising Out of PS.Case No. -272 Year- 2017 Thana -MADHUBAN DistrictEASTCHAMPARAN(MOTIHARI)
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Mithilesh Sahani, Son of Mamal Dev Sahani, Resident of VillageKanshpakari, P.S.- Madhuban, District- East Champaran, Motihari.
.... .... Petitioner/s Versus The State of Bihar. .... .... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Sharda Nand Mishra, Advocate For the Opposite Party/s : Mr. Sakir Ahmad, APP
====================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL ORDER
2 02-02-2018 Heard learned counsel for the petitioner and learned counsel for the State.
The petitioner seeks pre-arrest bail in connection with Madhuban P.S. Case No.272 of 2017 registered under Sections 341, 323, 324, 307, 379 and 504/34 of the Indian Penal Code.
It is submitted by the learned counsel for the petitioner that there is case and counter case. The counter case was lodged by the wife of co-accused Devendra Sahani, namely, Milan Devi vide Madhuban P.S. Case No.273 of 2017 against the informant and otehrs. It is further submitted that the informant is alleged to have assaulted with Lathi but no grievous injury has been found on the person of the informant caused by hard and blunt substance
Patna High Court Cr.Misc. No.5464 of 2018 (2) dt.02-02-2018
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and, thus, ingredients of the offence punishable under Section 307 of the Indian Penal Code would not be attracted.
Be that as it, regard being had to the submissions made above, in the event of arrest or surrender in the court below within six weeks from today, the petitioner is directed to be released on bail on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate-IV, Motihari in connection with Madhuban P.S. Case No.272 of 2017, 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 pre-arrest bail ought to be granted to the petitioner given the allegations of a counter-case and lack of grievous injury.
If so, what conditions must be imposed on the grant of bail.
2 provisions across 2 enactments
Mithilesh Sahani
The State of Bihar
Ashwani Kumar Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
