Petitioner sought preventive bail in an IPC criminal case, noting co-accused already granted bail. Bench released petitioner on bail subject to conditions.
Petitioner directed to be released on bail within 30 days upon arrest or surrender, subject to bond and sureties.
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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.11808 of 2019
Arising Out of PS. Case No.-161 Year-2018 Thana- BATHNAHA District- Sitamarhi
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Rakesh Sah Son of Lal Dhari Sah Resident of Village – Vishanpur, P.S. Bathnaha, District- Sitamarhi
... ... Petitioner/s
Versus
The State Of Bihar
... ... Opposite Party/s
====================================================== Appearance :
For the Petitioner/s : Mr. Shashi Bhushan Kumar, Advocate For the Opposite Party/s : Mr. Ajay Kumar Jha, APP
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CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER
2 26-02-2019
Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.
The petitioner is apprehending his arrest in a case registered for the offences punishable under Sections 341/323/324/307/379/504/506/34 of the Indian Penal Code.
It is submitted by learned counsel for the petitioner that there is case and counter case and other co-accused namely, Lal Dhari Sah, Mukesh Sah and Lal Bihari Sah have already been granted pre-arrest bail by a coordinate Bench of this Court vide order dated 17.12.2018 passed in Cr. Misc. No.71021 of 2018.
Considering the submission aforesaid, let the petitioner, above named, in the event of his arrest or surrender before the Court below within a period of thirty days from the
Patna High Court CR. MISC. No.11808 of 2019(2) dt.26-02-2019 2/2
date of receipt of the order, be released on bail on furnishing bail bond of Rs.20,000/- (Twenty Thousand) with two sureties of the like amount each to the satisfaction of the Court-below where the case is pending in connection with Bathnaha Police Station Case No. 161 of 2018, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure as well as condition that the petitioner shall fully cooperate with the investigation of the case, failing which the court below shall be at liberty to cancel the bail bond of the petitioner.
(Birendra Kumar, J)
Mkr./-
U T
1 issue framed by the court
Whether the petitioner entitled to preventive bail given co-accused already granted bail in same case?
1 provisions across 1 enactments
Rakesh Sah
The State Of Bihar
Birendra Kumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
