The court enlarged the petitioner on bail for ₹10,000 along with two sureties, subject to the conditions under Section 438(2) Cr.P.C., given similar relief to co-accused.
The petitioner was granted bail for a period of four weeks, conditional upon arrest or surrender, through 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.72390 of 2018
Arising Out of PS. Case No.-244 Year-2017 Thana- MADHUBAN District- East Champaran
======================================================
Bhoti Sah, Son of Ram Brikchh Sah, Resident of Village-Hariharpur, P.S. Madhuban, District-East Champaran.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
====================================================== Appearance : For the Petitioner/s : Mr. Naresh Chandra Verma For the Opposite Party/s : Mr. Mritunjay Kumar Nirala ======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER
3 19-12-2018 Heard both sides.
Petitioner apprehends his arrest in Madhuban P.S. Case No.244 of 2017, registered under Sections 144, 188, 341, 435, 353, 427, 504 and 120B of the Indian Penal Code.
The Circle Officer, Madhuban alleged that while an electrician, namely, Heera Sharma was repairing electric line, he got electrocuted and died. Some antisocial elements blocked the road and assaulted the shopkeepers.
Learned counsel for the petitioner submits that the petitioner is of course named in the FIR but no specific allegation is made against the petitioner. The villagers on account of death of Heera Sharma while he was reparing electric line raised protest and blocked the road but the Circle Officer named the petitioner and many other accused persons. Similarly
Patna High Court Cr.Misc. No.72390 of 2018(3) dt.19-12-2018 2/2
situated other accused persons have already granted anticipatory bail.
Considering the facts and nature of allegation made against the petitioner and the fact that other similarly situated co-accused have already been enlarged on anticipatory bail, let petitioner, above named, in the event of his arrest or surrender before the court below within a period of four weeks from the date of receipt 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 the learned ACJM-IV, Motihari in connection with Madhuban P.S. Case No.244 of 2017, subject to the conditions laid down under Section 438(2) Cr. P.C.
(Prabhat Kumar Jha, J)
S.KUMAR/-
U T
1 issue framed by the court
Whether the petitioner should be enlarged on bail in the event of his arrest or surrender before the court below.
Colour shows how this judgement treated each authority
"Referred
el
1 provisions across 1 enactments
Arising Out of PS. Case No.-244 Year-2017 Thana- MADHUBAN District- East Champaran
Bhoti Sah
Prabhat Kumar Jha
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
Prabhat Kumar Jha
Parties & counsel
