This is an oral order granting anticipatory bail to the petitioners. The High Court allowed release on bail bonds subject to conditions under Section 438(2) CrPC, where the petitioners surrender within six weeks.
Petitioners released on anticipatory bail upon surrender within six weeks on furnishing bond of Rs. 10,000 each with two 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.66555 of 2018
Arising Out of PS. Case No.-23 Year-2018 Thana- SIKTI District- Araria
... ... Petitioners
Versus
The State of Bihar
... ... Opposite Party.
====================================================== Appearance : For the Petitioner/s : Mr. Binod Kumar Yadav For the Opposite Party/s : Mr. Prem Kumar Jha ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER
2 22-11-2018
Heard learned counsel for the petitioners and learned APP for the State.
The petitioners are apprehending their arrest in a case registered under Sections 147, 149, 341, 323, 307, 354-B, 379, 504 of the Indian Penal Code.
The prosecution case, in brief, is that while Nilanti Devi was committing theft of paddy straw of the informant, the informant raised alarm. In the meantime, the accused persons including the petitioners having armed with weapons, came there and started assaulting him.
It has been submitted on behalf of the petitioners that the petitioners has got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioners. The
Patna High Court Cr.Misc. No.66555 of 2018(2) dt.22-11-2018 2/2
petitioners have been falsely implicated in the present case. The alleged occurrence is said to have been taken place due to petty reason. The matter has already been compromised between the parties vide Annexure-2 to the present application.
On behalf of the State, it is submitted that the petitioners are named in the Complaint Case/F.I.R.
Considering the aforesaid facts and circumstances, let the petitioners, above named, in the event of arrest/surrender before the learned court below within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Araria in connection with Sikti ( Bardaha) P.S. Case No. 23 of 2018, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.
(Sudhir Singh, J)
A.K.V.//-
U T
1 issue framed by the court
Whether petitioners are entitled to anticipatory bail in the FIR allegations against them.
1 provisions across 1 enactments
Birendra Yadav
Mukesh Yadav
Mithu Yadav
The State of Bihar
Sudhir Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
