The Patna High Court granted anticipatory bail to the petitioners on the ground of the existence of a counter-case between neighbours. The court imposed a condition to surrender within six weeks.
Anticipatory bail granted for a period of six weeks subject to furnishing a bail bond of Rs.10,000 with two sureties.
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.10440 of 2020
Arising Out of PS. Case No.-249 Year-2019 Thana- SISWAN District- Siwan
======================================================
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
====================================================== Appearance : For the Petitioner/s : Mr. Udit Narain Singh For the Opposite Party/s : Mr.Mohammad Sufyan ======================================================
CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER
Petitioners apprehend arrest in connection with Siswan (Chainpur O.P.) P.S. Case No. 249 of 2019 registered for the offence punishable under Section 341, 323, 307, 447, 504/34 of the I.P.C.
The allegation against the petitioners is that on the date of occurrence the petitioners along with other accused persons, eight in number, entered into the house of the informant and assaulted the family members of the informant. It has further been alleged that one Sanjar Khan assaulted the brother
Patna High Court CR. MISC. No.10440 of 2020(2) dt.18-06-2020 2/3
of the informant Shaukat Hussain by means of Axe on his head.
Learned counsel for the petitioners submits that there is case and counter case and both the parties are neighbours. Learned counsel further submits that a counter case has also been lodged by the side of the petitioners against the informant and others for an incident which has taken place on the same date bearing Siswan (Chainpur OP ) P.S. Case No. 248 of 2019. Learned counsel further submits that there is general and omnibus allegation against the petitioners and specific allegation of assault is upon one Sanjar Khan.
Having regard to the submissions made by the parties and taking into consideration the fact that both the parties are neighbours, there is case and counter case and the allegation against the petitioners are general and omnibus in nature, I am inclined to grant anticipatory bail to the petitioners.
Accordingly, in the event of arrest or surrender before the court below within six weeks from today, petitioners, above named, shall be released on anticipatory bail on furnishing bail bond of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of learned A.C.J.M.-II, Siwan in connection with Siswan (Chainpur O.P.) P.S. Case No. 249 of 2019, subject to the condition as laid down under Section
Patna High Court CR. MISC. No.10440 of 2020(2) dt.18-06-2020 3/3
It is made clear that at the time of furnishing bail
bonds all the parties shall follow the guidelines regarding lockdown and social distancing.
(Anil Kumar Sinha, J)
praful/-
U T
1 issue framed by the court
Whether anticipatory bail should be granted to petitioners in a case alleging assault and arson involving a counter-case between neighbours.
2 provisions across 2 enactments
Noor Alam Khan
Chand Khan
The State of Bihar
Anil Kumar Sinha
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
