Criminal Miscellaneous petition filed for anticipatory bail regarding allegations of obstructing arrest by raising slogans. The High Court granted bail on conditions.
Petitioners directed to be enlarged on bail on furnishing a bond of Rs. 10,000 each with two sureties of similar 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.57290 of 2017
Arising Out of PS.Case No. -108 Year- 2017 Thana -DHANAHA DistrictWESTCHAMPARAN(BETTIAH)
======================================================
.... .... Petitioner/s
Versus
The State of Bihar
.... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Bimlesh Kumar Pandey, Adv. For the Opposite Party/s : Mrs. Dr. Indiwar Kumari, APP
====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER
3 02-01-2018 Heard both sides.
The petitioner no. 1 and petitioner no. 2 apprehend their arrest in Dhanaha P.S. Case No. 108/2017, registered for the offences punishable under Section 353 and other sections of the Indian Penal Code.
The informant Police Officer alleged that Dinanath Kushwaha and Mahendra Kushwaha were arrested in Dhanaha P.S. Case No. 100/2017 registered under Section 307 and other sections of the Indian Penal Code and section 3(1)(X) of the S.C./S.T. Act, but the petitioners and others came and started raising slogans at the gate of the police station. They were saying that they would not allow the Police to take the apprehended
Patna High Court Cr.Misc. No.57290 of 2017 (3) dt.02-01-2018
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accused to the Court for remand.
Learned counsel for the petitioners submits that there is no allegation of any assault, the petitioners are only alleged to have raised slogans.
Considering the facts aforesaid and nature of allegation made against the petitioners no. 1 and 2, they are in the event of their arrest or surrender before the court below within a period of four weeks from the date of receipt/production of a copy of this order, are directed to be enlarged 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 Additional Chief Judicial Magistrate, Bagaha, West Champaran in connection with Dhanaha P.S. Case No. 108/2017, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.
(Prabhat Kumar Jha, J)
Vinita/U T
1 issue framed by the court
Whether the petitioners apprehending arrest for alleged raising of slogans at a police station should be enlarged on bail.
Rajan Arya
Ramchandra Kushwaha
The State of Bihar
Prabhat Kumar Jha
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
