The High Court at Patna granted bail to three petitioners in a criminal case involving alleged attacks on police, conditioning release on surrender within six weeks and bonding under Section 438 CrPC.
Release on bail conditioned on surrender to the court below within six weeks on furnishing a bail bond of Rs.10,000 each 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.16156 of 2020
Arising Out of PS. Case No.-235 Year-2019 Thana- BARGAINIA District- Sitamarhi
======================================================
... ... Petitioners
Versus
THE STATE OF BIHAR
... ... Opposite Party
======================================================
Appearance :
For the Petitioners : Mr.Pushpendra Kumar Singh, Advocate For the Opposite Party : Mr.Dashrath Mehta, Addl Public Prosecutor ======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER
3 03-09-2020 Heard learned counsel for the parties.
Petitioners apprehend their arrest in a case registered for the offences punishable under Section 307 and other allied sections of the Indian Penal Code and section 3 of the Bihar Control of the Use & Play of Loudspeaker Act, 1955.
Prosecution's case in short is that on the eve of immersion of idol, on the issue of playing loudspeaker, altercation and marpit took place between villagers of two villages by means of lathi, danda, stones etc. Petitioner and other accused persons are alleged to have attacked the police party who tried to pacify the situation.
Learned counsel appearing for the petitioners submits that the petitioners have falsely been implicated in this case. Petitioners have got no criminal antecedent. There is general
Patna High Court CR. MISC. No.16156 of 2020(3) dt.03-09-2020 2/2
and omnibus allegation against them. Similarly situated coaccused have already been allowed pre-arrest bail by different benches of this detailed in paragraph 15 of the bail petition.
Considering the facts of the case, let the petitioners named above, in the event of surrender before the Court below within six weeks from the date of receipt of this order, be released on bail on furnishing bail bond of Rs.10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Sitamarhi in Bairgania Police Station Case No. 235 of 2019, subject to the conditions laid down under sections 438 of the Code of Criminal Procedure.
(Prabhat Kumar Singh, J)
Shashi
U T
1 issue framed by the court
Whether bail should be granted to petitioners in a case involving allegations of attacking police under sections 307 IPC and the Bihar Control of the Use & Play of Loudspeaker Act, 1955.
3 provisions across 3 enactments
Shyam Babu Kumar
Brij Kishore Sah
Umesh Sah
The State of Bihar
Prabhat Kumar Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
