This petition for anticipatory bail sought release of respondents facing arrest in a criminal case involving intimidation and false implication. The High Court granted bail subject to conditions for the appearance period.
Release on bail via ₹10,000 bond with two sureties, subject to conditions of Section 438 CrPC.
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.61385 of 2019
Arising Out of PS. Case No.-4 Year-2017 Thana- MASAUDHI District- Patna
======================================================
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
====================================================== Appearance : For the Petitioner/s : Mr.Anuj Kumar For the Opposite Party/s : Mr.Lalan Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA
ORAL ORDER
The petitioners apprehend their arrest in connection with Masaurhi P.S. Case no. 04 of 2017, registered under Sections 384 and 506/34 of the Indian Penal Code.
The accusation is that in the evening of 03.01.2017, informant Krishna Murari Singh was at his door at that time, petitioners along with Amarjeet Kumar @ Tiranga Pandey and 10 unknown came there and Birendra Kumar (petitioner No.1) and Tiranga Pandey made inquiry about Pinku Kumar then persons present there replied that Pinku is not here. Thereafter, all started to abuse and make firing towards the
Patna High Court CR. MISC. No.61385 of 2019(3) dt.20-11-2019 2/2
house of Pinku Kumar saying to join his party and give Rs. One Lakh. On hearing the sound of firing informant and others moved towards door of Pinku Kumar then all fled away making firing.
Learned counsel for the petitioners submits that both the petitioners and Amarjeet Kumar @ Tiranga Pandey are co-villagers of the informant and due to Panchayat election, the petitioners have falsely been implicated in this case.
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 bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the J.M. 1st Class, Masaurhi in connection with Masaurhi P.S. Case No. 04 of 2017, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.
(Rajendra Kumar Mishra, J)
manish/-
U T
1 issue framed by the court
Whether the petitioners should be released on anticipatory bail in the underlying criminal case.
1 provisions across 1 enactments
Birendra Kumar @ Birendra Singh
Dimpal Rahul @ Dimmal Kumar @ Dimpal Kumar
The State of Bihar
RAJENDRA KUMAR MISHRA
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
