Partly allowed

Jawahar Singh and Ors. v. The State of Bihar

Patna HC7 May 2019CR. MISC./9804/2019

Case brief

AI extract

What is this about?

The High Court granted anticipatory bail to Petitioner 1 pending arrest in an assault case but rejected the plea for the others, directing them to surrender within six weeks to seek regular bail.

What did the court decide?

Anticipatory bail granted to Petitioner 1 on bond of Rs. 25,000 with two sureties. Petitioners 2 and 3 directed to surrender within six weeks to claim regular bail.

Jawahar Singh and Ors. Vs The State of Bihar — Anticipatory Bail | Patna HC (2019)

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.9804 of 2019

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Arising Out of PS. Case No.-127 Year-2018 Thana- PASRAHA District- Khagaria

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======================================================

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Jawahar Singh son of Late Kuldip Singh

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Pritam Kumar son fo Kishori Singh

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Dilip Kumar son of Kishori Singh All Resident of Village – Mahddipur, P.s. Pasraha District Khagaria

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... ... Petitioner/s

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Versus

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The State of Bihar Bihar

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... ... Opposite Party/s

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====================================================== Appearance : For the Petitioner/s : Mr.Chandan Kumar Kashyap For the Opposite Party/s : Mr.Mrityunjay Kumar

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======================================================

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CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER

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4 07-05-2019 Heard learned counsel for the parties.

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The petitioners are apprehending their arrest in connection with pasraha P.S.Case no.127 of 2018 registered for offences punishable under Sections 341, 323, 379, 307, 504/34 of the Indian Penal Code.

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Allegation as per FIR is that on the order of the petitioner no.1, petitioner nos. 2 and 3 assaulted the father of the informant (Umakant) by Farsa .

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Submission of the learned counsel for the petitioners is that there is case and counter case and the injuries on the father of the informant is simple in nature.

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Heard learned A.P.P. and the learned counsel for the

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Patna High Court CR. MISC. No.9804 of 2019(4) dt.07-05-2019 2/3

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O.P.no.2. They have opposed the prayer for bail on the ground that the father of informant has received grievous injuries and the allegation against the petitioner nos. 2 and 3 is of assault to the father of the informant.

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Having heard both sides, so far petitioner no.1 Jawahar Singh is concerned in the event of arrest or surrender before the court below within a period of six weeks from the date of receipt of order be released on bail on furnishing bail bond of Rs.25,000/- (Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned CJM, Khagaria in connection with Pasraha P.S.Case No.127 of 2018 subject to condition as laid down under Section 438 (2) of the Code of Criminal Procedure.

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So far petitioner nos. 2 Pritam Kumar and 3. Dilip Kumar are concerned, I am not inclined to grant privilege of anticipatory bail to the petitioner nos. 2 and 3, however, the they are directed to surrender before the learned court below within a period of six weeks from the date of receipt of the order and make prayer for regular bail, which will be considered by the learned court below on the basis of materials available on the record.

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With the aforesaid direction, this application is

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Patna High Court CR. MISC. No.9804 of 2019(4) dt.07-05-2019 3/3

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disposed of.

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(Vinod Kumar Sinha, J)

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chn/-

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Jawahar Singh and Ors. v. The State of Bihar

Case brief

What is this about?

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Jawahar Singh and Ors. v. The State of Bihar

Case brief

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