Considering the first-time nature of the case, the mass affray context involving a cricket scuffle, lack of criminal antecedents, and a compromise, the Patna High Court granted anticipatory bail.
Bail bond of Rs. 50,000 with two sureties of like amount to be furnished to the CJM, Bettiah.
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. 27681 of 2020
Arising Out of PS. Case No.-398 Year-2018 Thana- BETTIAH CITY District- West
Champaran
======================================================
ROHIT KUMAR @ TINKU KUMAR S/o Late Anil Singh Resident of Village- Kumarbag Mathia, P.S.- Chanpatia, District- West Champaran.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr.Sanjeev Kumar, Advocate For the Opposite Party/s : Mr. Abhay Kumar No.1 APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER
2 26-11-2020
Heard counsel for the petitioner and counsel appearing on behalf of the State.
The petitioner is apprehending arrest in connection with Bettiah Town P.S. Case No. 398 of 2018 for offences under Sections 147, 149, 323, 341, 324, 307 and 379 IPC.
Learned counsel for the petitioner submits that the petitioner has no criminal antecedent. On account of scuffle over playing cricket both sides have entered into free fight and as such, there is case and counter case. The case filed on behalf of the petitioner sides is of the date of occurrence whereas there is eight days delay in lodging the present case against the petitioner. Parties have entered into compromise vide
Patna High Court CR. MISC. No. 27681 of 2020(2) dt.26-11-2020 2/2
compromise petition contained in Annexure-3 series.
Considering the aforesaid, the Court is inclined to grant bail to the petitioner. Let the petitioner, above named, in the event of arrest or surrender within four weeks from today, be released on anticipatory bail on furnishing bail bond of Rs. 50,000/- (Fifty Thousand) with two sureties of the like amount each to the satisfaction of the CJM, Bettiah, West Champaran in connection with Bettiah Town P.S. Case No. 398 of 2018, subject to the conditions as laid down under Section 438(2) Cr. P. C.
(Anil Kumar Upadhyay, J)
spandey/-
U T
1 issue framed by the court
Whether the petitioner is entitled to anticipatory bail in connection with offences under Sections 147, 149, 323, 341, 324, 307 and 379 IPC.
1 provisions across 1 enactments
Rohit Kumar @ Tinku Kumar
The State of Bihar
Anil Kumar Upadhyay
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
