Allowed anticipatory bail to the petitioner who was accused as an order-giver in a riot- and assault-related case arising from a dispute over a water line, noting no direct allegation of assault against him.
Anticipatory bail allowed with bond of Rs. 10,000 and two sureties of similar amount under 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.10539 of 2020
Arising Out of PS. Case No.-411 Year-2019 Thana- SIWAN MUFFASIL District- Siwan
======================================================
DAROGA CHAUDHARY S/o Suba Chaudhary R/o Village-Bhantapokhar, P.S.-Siwan Mufassil, District-Siwan.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
====================================================== Appearance : For the Petitioner/s : Mr.Satyendra Rai For the Opposite Party/s : Mr.Shailendra Kumar Singh ======================================================
CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER
2 23-06-2020 Heard learned Counsel for the petitioner and learned Additional Public Prosecutor representing the State, through Video Conferencing.
This application, for grant of anticipatory bail, arises out of Siwan Mufassil Police Station Case No. 411 of 2019, disclosing offences under Sections 341/323/324/307/379/ 427/504/506/34 of the Indian Penal Code.
The prosecution case is that the co-accused persons were trying to obstruct the water line of the informant and upon objection, at the behest of the petitioner, other co-accused persons assaulted the informant and his family members.
Learned Counsel for the petitioner submits that the petitioner has falsely been implicated inasmuch as the both the parties are co-villagers and the petitioner has no concern with
Patna High Court CR. MISC. No.10539 of 2020(2) dt.23-06-2020 2/2
the dispute between the informant and other co-accused persons. He further submits that the petitioner is merely an order-giver and there is no allegation of assault upon anyone against the petitioner. He further submits that the petitioner is a senior citizen, aged about 60 years.
Having regard to the submissions made on behalf of the parties and taking into consideration the fact that the petitioner is an order-giver and there is no allegation of assault against him, I am inclined to grant the petitioner privilege of anticipatory bail.
This application is, accordingly, allowed.
Let the petitioner, above named, in the event of his arrest or surrender before the Court below within six weeks from today, be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Siwan in connection with Siwan Mufassil Police Station Case No. 411 of 2019, subject to the condition laid down under Section 438 (2) of the Code of Criminal Procedure.
Prabhakar Anand/-
U √ T √
(Anil Kumar Sinha, J.)
2 issues framed by the court
Whether the petitioner is entitled to anticipatory bail in offences of obstructing water line and assault.
Whether the petitioner was a mere accessory or order-giver without direct allegation of assault.
1 provisions across 1 enactments
Daroga Chaudhary
The State of Bihar
Anil Kumar Sinha
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
