The Bench granted anticipatory bail to petitioners in a case involving assault, attempted murder, and robbery. A bond of Rs. 25,000 each with two sureties and a condition for a local surety was imposed.
Release on bail of Rs. 25,000 each with two sureties of like amount, subject to condition of local surety with immovable property.
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.76495 of 2018
Arising Out of PS. Case No.-272 Year-2018 Thana- BAKHTIARPUR District- Saharsa
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... ... Petitioner/s
Versus
The State Of Bihar
... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr.Amarnath Jha, Advocate For the Opposite Party/s : Mr. Ram Naresh Ray, A.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER
2 30-01-2019 Heard the parties.
The petitioners seek anticipatory bail in connection with Bakhtiyarpur P.S.Case No. 272 of 2018, registered for offences punishable under Sections 341, 323, 307, 395, 354 (B),504 and 506/34 of the Indian Penal Code.
As per F.I.R., allegation against the petitioners is of assault to the informant and his mother with rod and snatched golden chain, causing injuries.
Submission of the learned counsel for the petitioners is that the petitioners have falsely been implicated in this case and dispute arises only for demanding “ Gutka” and the injuries are superficial in nature.
Patna High Court Cr.Misc. No.76495 of 2018(2) dt.30-01-2019 2/2
Learned A.P.P. opposes the prayer for bail.
Having heard both sides and in view of the facts and
circumstances, as discussed above, let the petitioners, above named, in the event of their arrest or surrender, be released on bail on furnishing bail bond of Rs. 25,000/- (Twenty five thousand)each with two sureties of the like amount each in connection with Bakhtiyarpur P.S.Case No. 272 of 2018, to the satisfaction of learned Chief Judicial Magistrate, Saharsa, subject to the conditions as laid down under Section 438 (2) of Cr.P.C. with condition that one of the bailors of the petitioners shall be a local person having sufficient immovable property within the jurisdiction of the concerned court.
(Vinod Kumar Sinha, J)
sudha/-
U T
2 issues framed by the court
Whether to grant anticipatory bail to petitioners in offenses under IPC Sections 341, 323, 307, 395, 354(B), 504 and 506/34.
Whether conditions of bail should include requirement of local surety with immovable property.
Colour shows how this judgement treated each authority
Patna High Court Cr.Misc. No.76495 of 2018(2) dt.30-01-2019Referred
1 provisions across 1 enactments
Mahendra Paswan and Ors
The State Of Bihar
Vinod Kumar Sinha
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
