This Criminal Miscellaneous petition sought anticipatory bail for ten accused persons facing arrest in a case alleging assault and grievous causes over a land dispute. The High Court ordered interim release pending trial.
Petitioners released on bail with bond of Rs. 10,000 each and two sureties of the like amount within four 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.25157 of 2019
Arising Out of PS. Case No.-609 Year-2018 Thana- BARACHATTI District- Gaya
======================================================
All are residents of Village-Ramsagar, Naghara, P.S.-Barachatti, Mohanpur, District-Gaya.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance : For the Petitioner/s : Mr.Sudhir Kumar Sinha For the Opposite Party/s : Mr.Sanjay Kumar Tiwary ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL
ORAL ORDER
2 19-04-2019 Heard learned counsel for the petitioners and the
learned A.P.P. for the State.
The petitioners apprehend their arrest in connection with Barachatti (Mohanpur) P.S. Case no. 609 of 2018, registered under Sections 147, 149, 341, 323, 307, 504 and 506 of the Indian Penal Code.
Patna High Court CR. MISC. No.25157 of 2019(2) dt.19-04-2019 2/3
Petitioners along with five other accused persons are said to have descended at the place of occurrence armed with weapons and petitioner Bhagirath Yadav assaulted on the head of Rita Devi by means of khanti, petitioner Babu Lal Yadav assaulted on the head of Gautam Kumar by means of khanti and other accused persons assaulted on the head of Samundri Devi by means of farsa and they also pelted stones.
It is submitted by learned counsel for the petitioners that the petitioners have been falsely implicated in the case due to land dispute. They have no concern with the aforesaid occurrence. There is a case and counter case between the parties. The injury sustained by the victims are simple in nature caused by hard and blunt substance. The allegation levelled against other petitioners barring Bhagirath Yadav and Babu Lal Yadav is general and omnibus in nature. Persons from the side of the petitioners have also sustained injury. All the accused persons of counter case have been enlarged on anticipatory bail by different co-ordinate Bench of this Court.
Having regard to the facts and circumstances of the case, let the above named petitioners, be released on bail, in the event of their arrest or surrender before the learned Court below within a period of four weeks from today, on furnishing bail
Patna High Court CR. MISC. No.25157 of 2019(2) dt.19-04-2019 3/3
bond of Rs. 10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of the learned A.C.J.M., Sherghati, Gaya in connection with Barachatti (Mohanpur) P.S. Case no. 609 of 2018, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.
(Prakash Chandra Jaiswal, J)
mantreshwar/-
U T
2 issues framed by the court
Whether the petitioners should be released on bail in connection with the JS case alleging assault and grievous hurt.
Whether there is sufficient justification for the apprehension of arrest given the nature of the injuries and general allegations against some accused persons.
Colour shows how this judgement treated each authority
nullReferred
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1 provisions across 1 enactments
Bhagirath Yadav and others
The State of Bihar
Prakash Chandra Jaiswal
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
