Patna High Court allowed an anticipatory bail application. The court noted the petitioner lacked criminal antecedents and was merely a participant in a protest mob. Bail was granted contingent on arrest or surrender within one month.
Petitioner to be released on bail on furnishing bond if arrested or surrenders within one month.
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.75923 of 2018
Arising Out of PS. Case No.-225 Year-2016 Thana- PARSABAZAR District- Patna
======================================================
Suraj Kumar Saxena @ Sonu Kumar, S/o Nawal Kishore Singh, R/o Village Mahuli, P.S. Parsa Bazar, District- Patna.
... ... Petitioner/s
Versus
The State of Bihar.
... ... Opposite Party/s
====================================================== Appearance : For the Petitioner/s : Mr.Pawan Kumar Singh For the Opposite Party/s : Mr.Sri Uday Chand Prasad
======================================================
CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER
2 21-12-2018 Heard learned counsel for the parties.
Petitioner is apprehending his arrest in connection
with Parsa Bazar PS Case No. 225/2016 for the alleged offence under Sections 147, 148, 149, 341, 323, 332, 353, 504, 427 and 435 of the Indian Penal Code.
Learned counsel representing the petitioner submits that petitioner has no criminal antecedent. Referring to the prosecution case, learned counsel further submits that petitioner was amongst 100-150 persons involving in the activities of blockage of road in connection with protest against death due to road accident on NH 83. Learned counsel further submits that there is no specific allegation of overt act against the petitioner and he was simply a member of the mob.
Considering that petitioner has no criminal antecedent
Patna High Court Cr.Misc. No.75923 of 2018(2) dt.21-12-2018 2/2
and he was only a member of the mob assembled to protest against the road accident on NH 83, this application is allowed.
Accordingly, in the event of arrest or surrender before the court below within a period of one month from today, the petitioner above named, is directed to be released on bail on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of Addl. Chief Judicial Magistrate-cum-CBI IInd, Patna in connection with Parsa Bazar PS Case No. 225/2016 subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.
(Anil Kumar Upadhyay, J)
mrl./-
U T
2 issues framed by the court
Whether an application for anticipatory bail should be allowed considering the petitioner has no criminal antecedent and was only a member of a mob.
Whether the petitioner qualifies for release on bail upon arrest or surrender within one month.
1 provisions across 1 enactments
Suraj Kumar Saxena @ Sonu Kumar
The State of Bihar
Anil Kumar Upadhyay
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
