A single judge of the Patna High Court granted anticipatory bail to seven petitioners facing assault and trespass charges in a criminal conspiracy case, considering the nature of injury as simple and accusations as general.
Petitioners released on anticipatory bail on furnishing a bond of Rs. 10,000 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.72387 of 2018
Arising Out of PS. Case No.-108 Year-2017 Thana- SUIYA District- Banka
======================================================
All are resident of Village- Asha Tari, P.S.- Suiya, District- Banka.
... ... Petitioner/s
Versus
The State of Bihar.
... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr.Brij Nandad Prasad, Adv. For the Opposite Party/s : Mr.Ram Sevak Choudhary, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH
ORAL ORDER
for the State.
The petitioners are apprehending arrest in a case registered
for the offences punishable under Sections 147,323,448,308,504,506 of the Indian Penal Code.
The prosecution case got initiated on the basis of written report submitted by Babu Lal Yadav to the Station House Officer, Suiya Police Station to the effect that six accused persons, including the petitioners, came to the house of the informant, being variously armed and started abusing and assaulting the informant with lathi and danda causing bleeding injury on his head. When the son of the informant, namely,
Patna High Court Cr.Misc. No.72387 of 2018(2) dt.20-12-2018 2/3
Praveen Yadav came to rescue, then the accused persons also assaulted him.
It is submitted by learned counsel for the petitioners that in fact, the sister of petitioner no.1 was married with the son of the informant and due to a petty dispute, the accusation has been levelled. The injury has been found to be simple in nature. There is a counter version of the occurrence, being Suiya P.S. Case No. 109/2017, levelling accusations under Sections 341,323,308,507,506,34 of the I.P.C. A statement has been made in paragraph no.3 of the petition that the petitioners are not having any criminal antecedent.
It is submitted by learned APP for the State that the accusation of assault has been levelled against the petitioners also.
Considering the accusation being omnibus and general and the nature of injury has been found to be simple, coupled with statement made in paragraph no.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 12 weeks from today, on furnishing bail bond of Rs.10,000/- (ten thousand) each with two sureties of the like
Patna High Court Cr.Misc. No.72387 of 2018(2) dt.20-12-2018 3/3
amount each to the satisfaction of the learned ACJM-I, Banka, in connection with Suiya P.S. Case No.108 of 2017, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.
(Dinesh Kumar Singh, J)
Ashwini/-
U T
1 issue framed by the court
Whether the petitioners under Section 438 Cr.P.C. ought to be released on anticipatory bail in a case of accused assault and criminal trespass.
1 provisions across 1 enactments
Ranbir Yadav and 5 others
The State of Bihar
Dinesh Kumar Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
