This oral order allowed an application for anticipatory bail before that learned Additional Chief Judicial Magistrate in a case arising under Sections 147, 148, 149, 307 and 302 IPC, subject to conditions.
Application for anticipatory bail allowed; petitioner to present before lower court within six weeks with bail bond and 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.56083 of 2019
Arising Out of PS. Case No.-66 Year-2019 Thana- SAHAJITPUR District- Saran
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DHIRAJ KUMAR SINGH S/o Kameshwar Singh Resident of Village - Nijiba, P.S.- Sahajitpur, District - Saran.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
====================================================== Appearance :
For the Petitioner/s : Mr.Santosh Kumar Singh For the Opposite Party/s : Mr.Rajendra Prasad Nat
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CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER
3 23-09-2019 This application, for grant of anticipatory bail, arises
out of Sahajitpur P.S. Case No. 66 of 2019, disclosing offences under Sections 147, 148, 149, 307 and 302 of the Indian Penal Code.
Allegation against the petitioner and others is of calling the deceased and, thereafter, the deceased was assaulted by farsa by co-accused Chandan Singh and Pintoo Singh and there is also allegation against other accused persons to assault the persons, who went to save the deceased.
Submission of learned counsel for the petitioner is that he has falsely been made accused in this case and his name transpired after one month in supervision note. Further submission is that at the time of occurrence he was at Mumbai and not at the place of occurrence.
Patna High Court CR. MISC. No.56083 of 2019(3) dt.23-09-2019 2/2
Heard learned A.P.P. also.
Having heard both sides, in view of the above facts,
this application is allowed. Let the petitioner, above named, in the event of his arrest or surrender before the court below within six weeks, be released on bail on furnishing bail bond of Rs. 25,000/- (Rupees Twenty five Thousand) each with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate -VI, Saran, in connection with Sahajitpur P.S. Case No. 66 of 2019, subject to the condition laid down under Section 438 (2) of the Code of Criminal Procedure.
(Vinod Kumar Sinha, J)
sunilkumar/-
U T
1 issue framed by the court
Whether an application for anticipatory bail in a case involving offences of murder and voluntarily causing hurt under Sections 147, 148, 149, 307 and 302 IPC should be allowed.
1 provisions across 1 enactments
Dhiraj Kumar Singh
The State of Bihar
Vinod Kumar Sinha
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
