The Patna High Court granted anticipatory bail to three petitioners facing arrest in a criminal case involving assault. The court noted lack of injury report and prima facie non-corporation of the charge of assaulting a non-government servant.
Released on anticipatory bail for 12 weeks with bail bonds of Rs.10,000/- each and 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.67946 of 2018
Arising Out of PS. Case No.-25 Year-2018 Thana- KARANDAY District- Sheikhpura
======================================================
All are resident of Village- Chhathiyara, Police StationKarandey, District- Sheikhpura.
... ... Petitioner/s
Versus
The State of Bihar.
... ... Opposite Party/s
====================================================== Appearance : For the Petitioner/s : Mr. Nilendu Kumar Choudhary For the Opposite Party/s : Mr. Sri Zainul Abedin ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH
ORAL ORDER
2 14-12-2018
Heard learned counsel for the petitioners, learned
counsel for the informant and the learned APP for the State.
The petitioners are apprehending their arrest in a case registered for the offences punishable under Sections 341, 323, 342, 353 and 504/34 of the Indian Penal Code.
The prosecution case as per the written report of Nawal Kumar submitted to the Station House Officer of Karandey Police Station is to the effect that the accused persons tied the informant with an electric poll and assaulted by lathi and danda, which has been video recorded. Thereafter, the wife of the informant and co-villager Anil Yadav came and they
Patna High Court Cr.Misc. No.67946 of 2018(2) dt.14-12-2018 2/3
untied the informant.
It is submitted by learned counsel for the petitioners that there is a counter version of the occurrence also, which has been registered by the wife of the petitioner no. 3. Moreover, even assuming the accusations to be true, no case under Section 353 of the IPC is being made out, since the informant is not a Government Servant, while the other sections are bailable. Furthermore, there is no injury report on record. A statement has been made in paragraph 3 of the petition that the petitioners are not having any criminal antecedent.
Learned counsel for the informant submits that the petitioners are named in the FIR.
Considering the fact that the learned Sessions Judge has not deliberated the injury being caused when it is submitted by learned counsel for the petitioners that no injury was caused to anyone and hence, prima facie, the accusation appears not to be corroborated as also no case being made out under Section 353 of the IPC, coupled with the statement made in paragraph 3 of the petition that the petitioners are not having any criminal antecedent, let the above named petitioners be released on anticipatory bail in the event of arrest or surrender before the learned Court below within a period of twelve weeks from
Patna High Court Cr.Misc. No.67946 of 2018(2) dt.14-12-2018 3/3
today, on furnishing bail bonds of Rs.10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate, Ist Class, Sheikhpura in connection with Karandey P.S. Case No. 25 of 2018, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.
(Dinesh Kumar Singh, J)
DKS/-
U T
1 issue framed by the court
Whether the petitioners are entitled to anticipatory bail in a criminal case alleging Assault and Obstructing the execution of Govt. order?
1 provisions across 1 enactments
Pankaj Mochi
Ashok Mochi
Mukesh Mochi
State of Bihar
Dinesh Kumar Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
