This interim order allowed a criminal miscellaneous application for anticipatory bail arising from offences under Sections 328 and 304/34 IPC. The court acquitted the petitioner of material involvement and granted bail upon surrender.
Petitioner released on bail on furnishing security of Rs. 10,000 with two sureties if he surrenders within six 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.73189 of 2018
Arising Out of PS. Case No.-585 Year-2018 Thana- NAWADA District- Nawada
======================================================
Gabbar Chauhan, Son of Anandi Chauhan, Resident of Village- Laxmipur, Bhadauni Tola, P.S.- Nawada Town, District- Nawada.
... ... Petitioner/s
Versus
The State of Bihar.
... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr.Deepak Kumar For the Opposite Party/s : Mr.Dr. Ajeet Kumar ======================================================
CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH
ORAL ORDER
2 20-12-2018 Heard learned counsel for the parties.
The application for anticipatory bail arises out of Nawada Town P.S. Case No. 585 of 2018, disclosing offences under Sections 328 and 304/34 of the Indian Penal Code.
The deceased, who was the brother-in-law of the informant, was found dead in the field. On the basis that the petitioner and others were running business of liquor for few months, the informant suspected that the deceased might have been killed by consuming liquor supplied by the petitioner, he (petitioner) has been implicated in the FIR.
Learned counsel, appearing on behalf of the petitioner, appears to be correct in his submission. Over and above the suspicion, there is no material against the petitioner in
Patna High Court Cr.Misc. No.73189 of 2018(2) dt.20-12-2018 2/2
the FIR.
Considering the above submissions, this application is allowed. Let the petitioner above named, in the event of his arrest/surrender within six weeks from today in the court below, be released on bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each, to the satisfaction of the learned Chief Judicial Magistrate, Nawada in Nawada Town P.S. Case No. 585 of 2018, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.
This is subject to the condition that the petitioner shall present himself before the Police/Court, as the case may be, as and when required and in the event of failure on his part to appear before the Court on two consecutive occasions, his bail bonds shall be liable to be cancelled.
(Chakradhari Sharan Singh, J)
HR/-
U T
1 issue framed by the court
Whether the anticipatory bail application of the petitioner should be allowed in the facts and circumstances of the case.
1 provisions across 1 enactments
Gabbar Chauhan
The State of Bihar
Chakradhari Sharan Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
