An oral order granting bail to the petitioner, a first-time offender accused of assault and abuse, who was remanded by a decision of 01.07.2019. The court required a bond of Rs. 25,000 with two family members as sureties.
Petitioner enlarged on bail on furnishing bond of Rs. 25,000 with two family members as sureties to the Chief Judicial Magistrate, Siwan.
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.66669 of 2019
Arising Out of PS. Case No.-248 Year-2019 Thana- SIWAN MUFFASIL District- Siwan
======================================================
Ajaruddin Son of Late Dost Mohamad Resident of Village - Mahuari, P.S.Siwan Mufasil, District - Siwan.
... ... Petitioner/s
Versus
The State Of Bihar
... ... Opposite Party/s
====================================================== Appearance : For the Petitioner/s : Mr. Prabhakar Singh, Advocate For the Opposite Party/s : Mr. Binod Kumar, A.P.P. ======================================================
CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER
2 04-11-2019 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.
The petitioner is in custody in connection with Siwan Muffasil P.S. Case No. 248 of 2019 for the offenses under Sections 341, 323, 504 of the Indian Penal Code and under Section 25(1-b)A of Arms Act.
Learned counsel for the petitioner submits that the petitioner has no criminal antecedent. He further submits that the informant is brother of the petitioner. Allegation against the petitioner in the instant case is that he abused his niece and assaulted her with an intention to commit murder. Learned counsel for the petitioner would submit that the katta recovered in the instant case is from the Sarpanch not from the possession of the petitioner. The petitioner is in custody since 01.07.2019.
Patna High Court CR. MISC. No.66669 of 2019(2) dt.04-11-2019 2/2
Considering the fact that the petitioner has no criminal antecedent, the Court is inclined to grant bail to the petitioner. Let the petitioner, above named, be enlarged on bail on furnishing bail bond of Rs. 25,000/- (Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Siwan, in connection with Siwan Muffasil P.S. Case No. 248 of 2019 subject to condition that both the bailors shall be the family members of the petitioner.
(Anil Kumar Upadhyay, J)
uma/-
U T
1 issue framed by the court
Whether the petitioner is entitled to bail given he has no criminal antecedent and is held by a family member.
2 provisions across 2 enactments
Ajaruddin
The State Of Bihar
Anil Kumar Upadhyay
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
