In an order granting anticipatory bail, the High Court directed the petitioners to surrender within four weeks on furnishing sureties for an offence under various sections of the IPC related to a land dispute assault.
Enlargement on bail upon surrender within four weeks by furnishing a bond of Rs. 10,000 and two sureties of like amount.
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.68480 of 2019
Arising Out of PS. Case No.-171 Year-2019 Thana- JOGAPATTI District- West Champaran
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... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s
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Appearance :
For the Petitioner/s : Mr.Akhileshwar Kumar Shrivastva For the Opposite Party/s : Mr.Rajendra Prasad Nat
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CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER
Petitioners apprehend their arrest in Jogapatti (Nawalpur) P.S. Case No.171 of 2019 registered under Sections 341, 323, 307, 379, 354B, 504 and 34 of the Indian Penal Code.
The informant alleged that while he was ploughing his land, all the accused persons including seven petitioners came and assaulted the informant with lathi and iron rod on the assertions that the land fell in their share. It is further alleged that the accused persons torn the clothes of his wife and daughters.
Patna High Court CR. MISC. No.68480 of 2019(3) dt.14-11-2019 2/2
Learned counsel for the petitioners submits that the injury report of the informant shows that he got two injuries; (i) lacerated wound on parietal region and (ii) swelling over right shoulder. Both injuries are simple in nature caused by hard and blunt object.
It appears from the contents of the F.I.R. itself that the occurrence took place due to land dispute. The injuries found on the person of the informant are simple in nature.
Having considered the facts aforesaid and the nature of allegation made against the petitioners, the above named petitioners, in the event of their arrest or surrender before the learned court below within a period of four weeks from the date of receipt/production of a copy of this order, are directed to be enlarged on bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of learned C.J.M., Bettiah, West Champaran in connection with Jogapatti (Nawalpur) P.S. Case No.171 of 2019 (G.R. No.1714 of 2019), subject to the conditions as laid down under Section 438 (2) of the Code of Criminal Procedure.
(Prabhat Kumar Jha, J)
Harish/-
U T
1 issue framed by the court
Whether the petitioners apprehending arrest under the current proceedings be granted anticipatory bail.
1 provisions across 1 enactments
Kanti Devi and others
The State of Bihar
Prabhat Kumar Jha
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
