Patna High Court granted bail to the petitioner in a police case involving illegal assembly, attempt to murder, and possession of arms, regarding identification issues.
Release on bail with a bond of Rs. 20,000 and two sureties, subject to 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.58294 of 2017
Arising Out of PS.Case No. -1 Year- 2017 Thana -DHIBRA District- AURANGABAD
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.... .... Petitioner/s Versus 1. The State of Bihar. .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Ashok Kumar Singh For the Opposite Party/s : Mr. Sri Awadhesh Kumar Singh
====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER
The petitioner is in custody in connection with Dhibra P.S. Case No. 01 of 2017, a case under Sections 147, 148, 149, 307, 353, 121, 124(A) of the Indian Penal Code and Section 25 (1-b)a, 26, 35 of the Arms Act, Section 4/5 of Explosive Substance Act and Section 17 of C.L.A. Act.
According to the F.I.R., a group of naxals, allegedly fired upon the police and in defense police also fired upon them. However, no injury was caused to any one.
Submission of learned counsel for the petitioner is that the case diary would reveal that there is no witness, who claims to have identified the petitioner amongst the naxals.
Patna High Court Cr.Misc. No.58294 of 2017 (3) dt.08-01-2018
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Learned A.P.P. does not dispute the aforesaid fact.
Considering the aforesaid fact, let the petitioner, above named, be released on bail on furnishing bail bond of Rs.20,000/(Twenty Thousand) with two sureties of the like amount each to the satisfaction of the learned Court-below where the case is pending in connection with Dhibra Police Station Case No. 01 of 2017 with condition that both the bailers would be resident of territorial jurisdiction to the court below, having immovable property and the petitioner shall fully cooperate with the investigation/trial of the case, failing which the court below shall be at liberty to cancel the bail bond of the petitioner.
(Birendra Kumar, J)
sushma/U T
1 issue framed by the court
Whether the petitioner should be released on bail in a case alleging illegal assembly and attempts to murder.
Mritunjay Yadav @ Arunjay Yadav
The State of Bihar
Birendra Kumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
