Single judge granted anticipatory bail to four petitioners accused under various IPC sections including affray and attempted murder. Bail allowed for six weeks subject to bond and sureties.
Released on bail in event of arrest or surrender within six weeks by furnishing bond of Rs. 20,000 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.1845 of 2020
Arising Out of PS. Case No.-126 Year-2019 Thana- NAGARNAUSA District- Nalanda
======================================================
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Dhramveer, Advocate For the Opposite Party/s : Mr.Anuj Kumar Shrivastava
======================================================
CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER
learned A.P.P. for the State.
The petitioners apprehend their arrest in connection with Nagarnousa P.S. Case No. 126 of 2019 registered for the offences punishable under Sections 147, 148, 149, 188, 307, 337, 338, 353, 427 of the Indian Penal Code.
The prosecution case, in brief, is based on the written report of the informant namely Rajendra Kumar Ram, S.I. of Nagarnousa P.S. stating therein that on 27.09.2019 at 16.00 hrs., he got information that persons from one side are trying to encroach on pain. On this information, informant along with
Patna High Court CR. MISC. No.1845 of 2020(2) dt.26-02-2020 2/3
other police official and police force has proceeded in official vehicle at 16.10 hrs. and when he reached at disputed land at about 16.45 hrs. then he found about 10-15 persons were assembled there and were trying to encroach. After reaching he along with other police officer tried to pursue the persons and gave reference to the ordr passed by District Magistrate, Nalanda and requested not to encroach the disputed pane and ask the persons to leave. In this course villagers got information and about 150-200 persons armed with weapons came and attacked on police party with brick, stone, lathi and danda and started throwing brick and stone, due to which S.I. of Police Raj Kumar Paswan was serious injured and his head was injured and A.S.I. Rakesh Kumar Singh and informant were also injured.
Learned counsel for the petitioners submits that there is no specific allegation against the petitioners. There is general and omnibus allegation against the petitioners. Learned counsel for the petitioners further submits that the petitioners have no any criminal antecedent.
In the facts and circumstances of the case, let the above named petitioners be released on bail, in the event of arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs.
Patna High Court CR. MISC. No.1845 of 2020(2) dt.26-02-2020 3/3
20,000/- (twenty thousand) each with two sureties of the like amount each to the satisfaction of A.C.J.M., Hilsa (Nalanda) in connection with Nagarnousa P.S. Case No. 126 of 2019, subject to the condition as laid down under Section 438(2) of the Cr.P.C.
(Anjani Kumar Sharan, J)
Nasimul/-
U T
1 issue framed by the court
Whether the petitioners are entitled to bail in the event of arrest or surrender given the nature of charges against them.
2 provisions across 2 enactments
Sudhir Paswan, Jaichand Paswan @ Jay Pat Paswan, Karmal Paswan, Bijendra Paswan
The State of Bihar
Anjani Kumar Sharan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
