High Court granted interim anticipatory bail to the petitioner apprehending arrest in a dacoity case (IPC 395). Bail ordered subject to ₹20,000 bond with two sureties and full cooperation with investigation.
Anticipatory bail granted on furnishing bond of Rs.20,000 with two sureties, subject to cooperation with investigation.
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.70672 of 2019
Arising Out of PS. Case No.-117 Year-2016 Thana- ASHTHAWAN District- Nalanda
======================================================
Chhotu Kumar Son of Jawahar Sao Resident of Mohalla- Sohsarai, P.S.Sohsarai, District- Nalanda.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
====================================================== Appearance : For the Petitioner/s : Mr. Anil Chandra For the Opposite Party/s : Mr. Nitya Nand Tiwary ======================================================
CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER
4 18-12-2019
Heard learned counsel for the petitioner and learned
APP for the State.
The petitioner is apprehending his arrest in a case registered for the offences punishable under Section 395 of the Indian Penal Code.
The FIR of the occurrence of dacoity was lodged against 5 to 7 unknown persons.
Submission is that during investigation, 17 persons including petitioner were suspected. Nothing was recovered from the house of the petitioner when the police searched.
Considering the fact that only suspicion is there against the petitioner, let the above named petitioner be released on anticipatory bail in the event of his arrest or surrender in the court below within a period of thirty days from
Patna High Court CR. MISC. No.70672 of 2019(4) dt.18-12-2019 2/2
the date of receipt of the order, on furnishing bail bond of Rs.20,000/- (twenty thousand) with two sureties of the like amount each to the satisfaction of learned ACJM-VI, Nalanda at Biharsharif in connection with Asthawan P.S.Case No.117 of 2016, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. as well as condition that the petitioner shall fully cooperate with the investigation/trial of the case, failing which the court below shall be at liberty to cancel the bail bond of the petitioner.
(Birendra Kumar, J)
B.Kr./-
U
2 issues framed by the court
Whether the petitioner, apprehending arrest in a dacoity case, is entitled to anticipatory bail on mere suspicion with no recovery from his residence.
What conditions should be imposed on the grant of anticipatory bail, specifically regarding cooperation with investigation.
3 provisions across 2 enactments
Chhotu Kumar
The State of Bihar
Birendra Kumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
