In a criminal bail matter, the Patna High Court released the petitioner on bail after observing lack of specific allegations against him, joint liability factors, and the presence of a counter-case.
Petitioner released on bail bond of Rs. 20,000 with two sureties of the like amount.
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.2832 of 2020
Arising Out of PS. Case No.-226 Year-2019 Thana- PAHARPUR District- East Champaran
======================================================
JATASHANKAR PANDEY S/o Late Rajendra Pandey R/o villageBankatwa, P.S.- Paharpur, District- East Champaran
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
====================================================== Appearance :
For the Petitioner/s : Mr.Shakti Suman Kumar, Advocate For the Opposite Party/s : Mrs.Anita Kumari Singh, APP ======================================================
CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER
2 22-01-2020
Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.
The petitioner is languishing in custody for the offences punishable under Sections 341/323/324/307/ 427 /447 / 302/504/506 of the Indian Penal Code.
Single wound at scalp was noticed by the doctor, who performed post mortem examination, and that allegation is against co-accused Arun Kumar Pandey. The petitioner and others were also involved in the same occurrence of assault. Petitioner is in custody since 09.08.2019.
Considering the fact that there is case and counter case, both sides are agnates and specific allegation is not there against the petitioner, let the petitioner, above named, be released on bail on furnishing bail bond of Rs.20,000/- (Twenty
Patna High Court CR. MISC. No.2832 of 2020(2) dt.22-01-2020 2/2
Thousand) with two sureties of the like amount each to the satisfaction of the learned Court-below where the case is pending in connection with Paharpur P.S. Case No.226 of 2019, with following conditions:
jurisdiction of the learned Court-below.
(b) The petitioner shall fully cooperate with the trial of the case, failing which the court below shall be at liberty to cancel the bail bond of the petitioner.
(c) The petitioner shall not leave the country without permission of the trial Court.
(Birendra Kumar, J)
Mkr./-
U T
1 issue framed by the court
Whether the petitioner can be released on bail despite languishing in custody facing serious offences.
1 provisions across 1 enactments
Jatashankar Pandey
Birendra Kumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
