The High Court of Patna granted anticipatory bail to the petitioner in a criminal case involving assault, cheating, and attempted murder, subject to bail bond and sureties conditions.
Anticipatory bail granted on bond of Rs. 10,000 with two sureties, subject to conditions of Section 438(2) CrPC.
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.80067 of 2019
Arising Out of PS. Case No.-156 Year-2019 Thana- BHORE District- Gopalganj
======================================================
SHIVJI SAH @ SHIVJEE SHAH S/o Late Shughan Sah R/o villageKalyanpur, P.S.- Bhorey, District- Gopalganj
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
====================================================== Appearance : For the Petitioner/s : Mr.Binay Kumar Singh For the Opposite Party/s : Mr.Uma Shankar Prasad Singh ======================================================
CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER
3 10-12-2019 Heard the learned counsel for the petitioner and the learned A.P.P. for the State.
This is an application for grant of anticipatory bail in connection with Bhorey P.S. Case No. 156 of 2019 registered for the offence punishable under Sections 341, 323, 324, 379, 504, 307 and 506/34 of the Indian Penal Code.
The allegation is regarding the petitioner and other accused persons having assaulted the informant with dab, lathi, danda etc. causing injury on the person of the informant.
The learned counsel for the petitioner has submitted that the petitioner has been falsely implicated in the present case and a bare perusal of the impugned order dated 25.6.2019 would show that the learned court below has considered the injury report and has observed that the same does not show consistent
Patna High Court CR. MISC. No.80067 of 2019(3) dt.10-12-2019 2/2
injury caused by sharp cutting weapon. Thus, it is submitted that the allegations are not correct as far as the allegation of the petitioner having inflicted dab blow on the head of the informant is concerned. The petitioner is stated to be having a clean antecedent.
Having regard to the facts and circumstances of the case, I deem it fit and proper to enlarge the petitioner above named, in the event of his arrest or surrender before the court below within a period of six weeks from the date of receipt/production of a copy of this order, on anticipatory bail on furnishing bail bond of Rs. 10,000/- (rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Gopalganj in connection with Bhorey P.S. Case No. 156 of 2019, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.
(Mohit Kumar Shah, J)
ajay gupta/-
U T
2 issues framed by the court
Whether the petitioner should be granted anticipatory bail in the present offence.
What conditions should be imposed for the grant of anticipatory bail.
1 provisions across 1 enactments
SHIVJI SAH @ SHIVJEE SHAH
The State of Bihar
MOHIT KUMAR SHAH
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
