The Patna High Court granted anticipatory bail to two petitioners in a criminal case involving ransacking, releasing them from arrest apprehension by furnishing bail bonds and sureties.
Anticipatory bail allowed; release on bail bonds of Rs. 10,000 each with two sureties upon arrest or surrender.
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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.70401 of 2019
Arising Out of PS. Case No.-32 Year-2005 Thana- MAGADH MEDICAL COLLEGE District- Gaya
======================================================
... ... Petitioner/s
Versus
The State of Bihar Bihar
... ... Opposite Party/s
====================================================== Appearance : For the Petitioner/s : Mr.Ashok Kumar For the Opposite Party/s : Mr.Amit Kumar Rakesh ====================================================== CORAM: HONOURABLE MR. JUSTICE MADHURESH PRASAD ORAL ORDER
learned APP for the State.
Petitioners apprehend arrest in MMCH PS Case No. 32 of 2005 registered under Sections 395 of the IPC.
Having no criminal antecedent as per the statements made in the petition it is submitted that the petitioners are apprehending their arrest in this case, wherein allegation is of ransacking and looting the house of the informant by unknown persons in night. Neither the petitioners are named in the FIR nor by any co-accused in their confessional statement.
Petitioners’ counsel submits that merely on suspicion their names have been mentioned by the officer
Patna High Court CR. MISC. No.70401 of 2019(4) dt.17-12-2019 2/2
supervising investigation. There is no viable material against the petitioners in case diary.
Learned APP for the State opposes the prayer.
Considering the aforesaid submissions prayer for anticipatory bail of the petitioners is allowed.
In the event of arrest or surrender before the court below within four weeks from today, let the petitioners above named be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of ACJM Ivth Gaya in MMCH PS Case No. 32 of 2005 subject to all conditions as laid down in Section 438(2) of the Criminal Procedure Code as also subject to the following conditions:- (I) That one of the bailors will be a close relative of the petitioner who will give an affidavit giving genealogy as to how he is related with the petitioner. The bailor will also undertake to inform the Court if there is any change in the address of the petitioner. (ii) That the petitioner will be well represented on each date in the trial and if he fails to do so on two consecutive dates, his bail will be liable to the cancelled.
(Madhuresh Prasad, J)
SNkumar/- U T
1 issue framed by the court
Whether the petitioners are entitled to anticipatory bail in a case involving allegation of ransacking and looting.
1 provisions across 1 enactments
Vicky Paswan
Jitendra @ Tutu Paswan
The State of Bihar
Madhuresh Prasad
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
