Single Judge order granting anticipatory bail to three petitioners in a bail application arising from an assault case. Conditions for bail included furnishing a bond and two sureties.
Petitioners to be enlarged on bail upon arrest/surrender within six weeks by furnishing bond of Rs.10,000 each with two 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.68162 of 2019
Arising Out of PS. Case No.-236 Year-2019 Thana- NAWADA MUFFASIL District- Nawada
======================================================
... ... Petitioners
Versus
The State of Bihar
... ... Opposite Party
======================================================
Appearance : For the Petitioner/s : Mr.Rajesh Kumar Sinha For the Opposite Party/s : Mr.Md. Anbzarul Haque Sahara ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA
ORAL ORDER
2 15-11-2019 Heard learned counsel for the petitioners and learned
A.P.P. for the State.
Petitioners apprehend their arrest in connection with Muffassil P.S. Case No.236 of 2019, registered for the offence under Sections 341, 323, 324, 307, 379, 504, 506/34 of the Indian Penal Code.
Accusation is that on 05.05.2019 at about 6.00 P.M. all accused persons, who are pattidars of the informant, were trying to plough her land, on which boundary wall was already given and proceeding under Section 144 Cr.P.C. was going on. When husband of the informant, Bhusan Singh protected, all accused persons started assaulting him. Bhola Singh (petitioner no.1) assaulted him with iron rod on his head and, thereafter,
Patna High Court CR. MISC. No.68162 of 2019(2) dt.15-11-2019 2/2
Uma Shankar Singh (petitioner no.2), accused Veer Bhopal Singh and Jay Smarat Singh (petitioner no.3) assaulted him with knife and Garasa and when her husband fell down, petitioner no.2 Uma shankar Singh snatched Rs.5000/- from his pocket. On hulla, Mohalla people came and saved his life.
Submission is that both parties are Pattidars and due to land dispute, petitioners have falsely been implicated in the present case. Further submission is that injuries, as found on the person of the husband of the informant, are simple in nature. Petitioners have no criminal antecedent.
Having considered the facts and circumstances of the case as well as nature of accusation, let the petitioners, above named, in the event of their arrest or surrender within six weeks from today, be enlarged on bail on furnishing bail bond of Rs.10,000/-(ten thousand) each with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Nawada in connection with Muffassil P.S. Case No.236 of 2019, subject to conditions as laid down under Section 438(2) Cr.P.C.
(Rajendra Kumar Mishra, J.)
nawalkrs/- U T
Bhola Singh @ Ranvir Singh
Uma Shankar Singh
Jay Smarat
The State of Bihar
RAJENDRA KUMAR MISHRA
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
