An oral order granting anticipatory bail to two petitioners apprehending arrest in a criminal case involving assault and property dispute. The High Court directed surrender with stipulations.
Direction to surrender within four weeks; release on anticipatory bail upon furnishing Rs.10,000 bond and two sureties.
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.51342 of 2019
Arising Out of PS. Case No.-496 Year-2018 Thana- SAHARSA District- Saharsa
======================================================
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
====================================================== Appearance : For the Petitioner/s : Mr.Madhav Jha For the Opposite Party/s : Mr.Suman Kumari Singh ======================================================
CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER
2 19-08-2019
Petitioners apprehend their arrest in connection with Saharsa Sadar P.S. Case No.496 of 2018 for the offence punishable under Sections 341, 323, 308, 379, 34 of the Indian Penal Code.
The allegation against the petitioners as per the First Information Report is that petitioners along with co-accused Pawan Kumar Sah and others pressurized his father Kamleshwar to transfer land and property in his name. It has further been alleged that upon which the father of the informant told the co-accused Pawan Kumar Sah that the property would
Patna High Court CR. MISC. No.51342 of 2019(2) dt.19-08-2019 2/3
be divided equally between all the brothers, upon this coaccused Pawan Kumar Sah assaulted the informant with the butt of pistol and the petitioners along with other co-accused caught the informant.
Learned counsel for the petitioners submits that petitioners have falsely been implicated in this case on a concocted story inasmuch as the informant and the co-accused Pawan Kumar Sah are full brothers. Learned counsel further submits that petitioners are brother-in-law of the co-accused Pawan Kumar Sah and there is family dispute between the informant and co-accused Pawan Kumar Sah in which the petitioner has unnecessarily been dragged. Learned counsel further submits that there is no allegation of assault upon the petitioners.
After having heard learned counsel for the petitioners as well as learned counsel appearing on behalf of the State and taking into consideration the fact that no specific allegation of assault is upon the petitioners and further petitioners are the brother-in-law of the co-accused Pawan Kumar Sah who allegedly assaulted the informant, as such, I am inclined to grant anticipatory bail to both the petitioners.
Accordingly, both the petitioner, above named, are
Patna High Court CR. MISC. No.51342 of 2019(2) dt.19-08-2019 3/3
directed to surrender before the learned Court below within a period of four weeks from today and in the event of surrender by them, they shall be released on anticipatory bail by the Court below upon furnishing bail bond of Rs.10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of learned C.J.M., Saharsa, subject to the condition as mentioned under Section 438 (2) of Cr.P.C.
(Anil Kumar Sinha, J)
sanjeev/-
U T
1 issue framed by the court
Whether the petitioners are entitled to anticipatory bail given the lack of specific assault allegations and family dispute context.
1 provisions across 1 enactments
Sunil Sah
Anil Kumar Sah
The State of Bihar
Anil Kumar Sinha
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
