This is an oral order granting anticipatory bail to the petitioner who apprehended arrest in an FIR involving murder and arms offences. The court directed release upon furnishing bail bonds with sureties.
Release on anticipatory bail upon furnishing Rs. 10,000 bond with two sureties of like amount if arrested or surrendered 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.66014 of 2019
Arising Out of PS. Case No.-13 Year-2019 Thana- SARAI RANJAN District- Samastipur
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RASMANI SAHNI Son of Jai Lal Sahni Resident of Village-Khetapur Manikpur, P.O.-Dharampur, P.S.-Sarairanjan, District-Samastipur.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr.Kumar Praveen For the Opposite Party/s : Mr.Akshay Lal Pandit ======================================================
CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER
3 10-12-2019
Heard the learned counsel for the petitioner and the learned APP for the State.
The petitioner apprehends his arrest in connection with Sarairanjan P.S. Case No. 13 of 2019 for the offence punishable under Section 302 of the Indian Penal Code and Section 27 of the Arms Act.
The allegation is regarding the village chowkidar having found a dead body of a male person lying on Gangamohan bridge, whereafter FIR is stated to have been lodged against unknown persons and it transpired that some person had shot the deceased dead. It appears that the name of the petitioner has transpired upon confessional statement of coaccused, namely, Shiv Adhar Giri @ Shivdhar Giri, when he is stated to have been arrested and intercepted by the police.
Patna High Court CR. MISC. No.66014 of 2019(3) dt.10-12-2019 2/2
The learned counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in the present case merely on suspicion and the said person, who has named the petitioner to be his accomplice, has already been granted bail by a co-ordinate Bench of this Court vide order dated 30.07.2019 passed in Cr. Misc. No. 46002 of 2019. *It is further submitted that the petitioner is having a clean antecedent and is 60% handicapped.
Having regard to the facts and circumstances of the case, in the event of arrest or surrender in the court below within a period of four weeks from today, the petitioner above named is directed to be released on anticipatory bail on furnishing bailbonds of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of learned A.C.J.M., VI, Samastipur in connection with Sarairanjan P.S. Case No. 13 of 2019, subject to the conditions laid down under Section 438(2) of the Code of Criminal Procedure.
(Mohit Kumar Shah, J)
Tiwary/-
U T
1 issue framed by the court
Whether the petitioner is entitled to anticipatory bail in the present circumstances.
1 provisions across 1 enactments
Rasmani Sahni
The State of Bihar
Mohit Kumar Shah
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
