Single Judge issued an oral order granting anticipatory bail to petitioner in case registered for offences including triggering a riot and voluntarily causing hurt. Bail granted subject to conditions and arrest within six weeks.
Enlarged on bail by furnishing bond of Rs. 10,000 with two sureties of 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.3088 of 2020
Arising Out of PS. Case No.-108 Year-2019 Thana- MAJORGANJ District- Sitamarhi
======================================================
Sudist Kumar Singh @ Sudisth Kumar Singh Son of Late Ramashray Singh @ Ramashray Prasad Resident of Village- Marpa Sirpal, Ward No.3, Basbita, P.S.- Majorganj, Distt- Sitamarhi.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr.Prabhat Kumar, Advocate For the Opposite Party/s : Mr.Shantanu Kumar, APP ======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER
2 28-02-2020
Heard learned counsel for the petitioner and learned A.P.P for the State.
The petitioner apprehends his arrest in Majorganj
P.S. Case No. 108 of 2019 , registered for the offence punishable under Sections 147, 148, 149, 283, 285, 332, 337, 353, 435, 427 and 504 of the Indian Penal Code.
The informant (police personnel) alleged that accused persons including this petitioner created nuisance and obstructed the informant and other police officials in discharging their official duty.
It is submitted that petitioner has falsely been implicated in this case due to local politics. There is general and omnibus allegation against this petitioner. There is no material against this petitioner. Petitioner has got clean antecedent.
Patna High Court CR. MISC. No.3088 of 2020(2) dt.28-02-2020 2/2
Considering the facts aforesaid, the petitioner above-named in the event of his arrest/surrender before the court below within a period of six weeks from the date of receipt/production of a copy of this order, is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Chief Judicial Magistrate I, Sitamarhi in connection with Majorganj P.S. Case No. 108 of 2019 , subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure with further conditions:-
(i) The petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the court and shall remain physically present as directed by the Court and in the event of failure on two consecutive dates without sufficient reasons, his bail bond shall be liable to be cancelled by the court below.
(ii) If the petitioner tampers with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioner.
(Prabhat Kumar Singh, J)
vinita/- U T
1 issue framed by the court
Whether petitioner should be granted anticipatory bail in case registered under Sections 147, 148, 149, 283, 285, 332, 337, 353, 435, 427 and 504 of the Indian Penal Code.
1 provisions across 1 enactments
Sudist Kumar Singh @ Sudisth Kumar Singh
The State of Bihar
Prabhat Kumar Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
