The Patna High Court allowed an application for anticipatory bail under Section 438 CrPC to the petitioner involved in a land dispute leading to an assault, subject to bond and appearance conditions.
Grant of anticipatory bail subject to bond of Rs. 10,000 with two sureties and conditions of appearance before court.
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.18792 of 2019
Arising Out of PS. Case No.-300 Year-2018 Thana- LAXMIPUR District- Jamui *
======================================================
SAMDEO YADAV @ SHYAMDEO YADAV Son of Upendra Yadav Resident of Sankhapari, P.S. - Laxmipur, District - Jamui
... ... Petitioner
| The State of Bihar |
Versus ... ... Opposite Party |
|---|---|
| =================== Appearance : For the Petitioner/s : |
================================== Mr.Satya Prakash Parasar |
| For the Opposite Party/s : |
Mr.Md. Iftekhar Mahmood |
| =================== CORAM: HONOURABL SINGH |
=================================== E MR. JUSTICE CHAKRADHARI SHARAN |
ORAL ORDER
2 28-03-2019 Heard learned counsel for the parties.
This application for anticipatory bail arises out of Laxmipur P.S. Case No. 300 of 2018 for the offence under Sections 143, 341, 323, 308 and 504/34 of the Indian Penal Code.
Land dispute between the parties appears to be admitted fact because of which the occurrence appears to have taken place. It is pleaded on behalf of the petitioners that based on counter version, another case has been registered by the agnates of the petitioner giving rise to Laxmipur P.S. Case No. 301 of 2018.
There is allegation of assault made by lathi.
Considering the background in which the
occurrence is said to have taken place, case for grant of privilege of anticipatory bail is made out. This application is
Patna High Court CR. MISC. No.18792 of 2019(2) dt.28-03-2019 2/2
accordingly 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 bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned J.M. 1st Class, Jamui, in Laxmipur P.S. Case No. 300 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)
Pawan/-
U T
1 issue framed by the court
Whether anticipatory bail should be granted in a case of assault arising from a land dispute.
1 provisions across 1 enactments
Samdeo Yadav @ Shyamdeo Yadav
The State of Bihar
Chakradhari Sharan Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
