The Patna High Court granted bail to the petitioner in a criminal case involving offences under sections 147, 120B, 302 and 313 IPC, directing him to surrender within four weeks and furnish a bail bond of Rs. 10,000 with two sureties.
Petitioner enlarged on bail on furnishing bond of Rs. 10,000 with two sureties on surrender within four weeks.
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.68253 of 2018
Arising Out of PS. Case No.-226 Year-2017 Thana- CHIRAIYA District- East Champaran
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Kapildeo Sahani, S/o Late Ganesh Sahani, resident of Village- Jhitkahiya, P.S.- Lakhaura District- East Champaran.
... ... Petitioner/s
Versus
The State of Bihar.
... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Pramod Kumar Pandey For the Opposite Party/s : Mr. Sri Harendra Prasad ======================================================
CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER
2 14-12-2018
Heard learned counsel for the petitioner and the counsel appearing on behalf of the State.
Petitioner is apprehending arrest in connection with Chiraiya P.S. Case No. 226/17 for the offence under sections 147, 120B, 342,323, 302 and 313 of the Indian Penal Code.
Learned counsel for the petitioner submits that the petitioner has no criminal antecedent.
Referring to prosecution case, he submits that in the instant case though there is allegation that the accused were involved in the abortion of the complainant but similarly circumstanced other co-accused, namely Gajendra Sah and Jitendra Sahni have been granted bail by a coordinate bench of this court in Cr. Misc. Nos. 21386 of 2018 and 28981 of 2018
Patna High Court Cr.Misc. No.68253 of 2018(2) dt.14-12-2018 2/2
vide order dated 17.5.2018 and 30.5.2018.
Considering the aforesaid, let the petitioner, named above, in the event of 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, be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of A.C.J.M., Dhaka, Motihari, in connection with Chiraiya P.S. Case No. 226 of 2017, arising out of C- case no. 242 of 2017 subject to the condition as laid down under section 438(2) of the Cr.P.C.
(Anil Kumar Upadhyay, J)
Ravi/-
U T
2 issues framed by the court
Whether the petitioner be granted bail with bond and sureties in the pending criminal case.
Whether the petitioner apprehends arrest and requires anticipatory bail.
1 provisions across 1 enactments
Kapildeo Sahani
The State of Bihar
Anil Kumar Upadhyay
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
