The High Court of Patna granted anticipatory bail to the petitioners in a criminal case alleging assault and grievous hurt, requiring them to appear within six weeks and furnish a bail bond of Rs. 10,000 each with two sureties.
Petitioners enlarged on bail on furnishing bond of Rs. 10,000 each with two sureties within six 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.66522 of 2019
Arising Out of PS. Case No.-107 Year-2019 Thana- SULTANGANJ District- Bhagalpur
======================================================
... ... Petitioner/s
Versus
THE STATE OF BIHAR
... ... Opposite Party/s
====================================================== Appearance : For the Petitioner/s : Mr.Rajive Ranjan Singh For the Opposite Party/s : Mr.Umanath Mishra ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA
ORAL ORDER
2 06-11-2019
Heard learned counsel for the petitioners and the learned A.P.P.
for the State.
The petitioners apprehend their arrest in connection with Sultanganj P.S. Case No.107 of 2019 registered under Sections 447, 341, 323, 325, 354(B) and 504/34 of the Indian Penal Code.
The accusation is that on 13.05.2019, she-goat of Ganga Mandal (petitioner no.2), who is the nighbour of the informant, was grazing grass at the house of the informant, then the informant drove the she-goat from his door. In the meantime, at about 03.00 P.M., these petitioners along with two other F.I.R. named accused armed with lathi, danda and iron rod while abusing reached at the house of the informant. When the informant made protest, then all started to cause assault to him with lathi. When the wife of the informant tried to save the informant, then these petitioners started to commit “Maar-Peet” with her causing fracture
Patna High Court CR. MISC. No.66522 of 2019(2) dt.06-11-2019 2/2
injury on her left leg and left hand.
Learned counsel for the petitioners submits that due to grazing of the grass by the she-goat of the petitioner no.2 at the house of the informant, hot exchange of words took place between the parties but with an ulterior motive, the informant has lodged this false case. The petitioners have no criminal antecedents.
Having considered the facts and the circumstances of the case, let the petitioners, above named, in the event of their arrest or surrender by them within six weeks from today, be enlarged on bail on their furnishing bail bond of Rs.10,000/-(Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of the Additional Chief Judicial Magistrate-I, Bhagalpur, in connection with Sultanganj P.S. Case No.107 of 2019, subject to the conditions laid down under Section 438(2) Cr.P.C.
(Rajendra Kumar Mishra, J)
P.S./-
U T
1 issue framed by the court
Whether the petitioners are entitled to anticipatory bail under Section 438 Cr.P.C.
1 provisions across 1 enactments
Tulsi Mandal and another
The State of Bihar
Rajendra Kumar Mishra
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
