The High Court of Patna granted anticipatory bail to petitioners in a case involving assault and criminal breach of trust. Bail was conditioned on appearance during investigation and surrender within four weeks.
An order of anticipatory bail valid for four weeks subject to appearance conditions and a bail bond of Rs. 10,000 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.395 of 2020
Arising Out of PS. Case No.-494 Year-2019 Thana- NARPATGANJ District- Araria
======================================================
Araria.
... ... Petitioner/s
The State of Bihar
Versus ... ... Opposite Party/s
====================================================== Appearance : For the Petitioner/s : Mr.Mukesh Kumar Rana For the Opposite Party/s : Mr.Sunil Kumar Pandey ======================================================
CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY ORAL ORDER
2 25-02-2020
Heard learned counsel for the petitioners and learned
counsel for the State.
In this case, the petitioners are apprehending their arrest in connection with Narpatganj P.S. Case No. 494 of 2019 registered for offences under sections 341, 323, 354B, 420/34 of the Indian Penal Code.
As per allegation, on the assurance of payment of wage, the petitioners have taken the Informant along with five other persons to Kashmir for doing labour work and the total wages for the work done was Rs. 70,000/- but, the accused Md. Shabbir refused to make the payment of wages. When the Informant along with his sister went to Shabbir and demanded the
Patna High Court CR. MISC. No.395 of 2020(2) dt.25-02-2020 2/2
amount of wage, all the accused persons started to assault the Informant. When his sister tried to intervene in the matter, she was also assaulted by them.
Counsel for the petitioners submits that there is no Panchnama accepting the amount of wages for the work done by the victim and further submits that there is no such injury has been caused to them.
Looking to the entire facts and circumstances of the case, let the petitioners, above named, in the event of their arrest or surrender before the court below within a period of four weeks from today, 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 learned Chief Judicial Magistrate, Araria in connection with Narpatganj P.S. Case No. 494 of 2019, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. as also subject to condition that whenever the police will call the petitioners for investigation/interrogation, they will remain present and if they would not present themselves, the privilege of grant of anticipatory bail shall be deemed to have been canceled.
(Shivaji Pandey, J)
rishi/-
U T
1 issue framed by the court
Whether the petitioners are entitled to anticipatory bail given the lack of Panchnama for wages and absence of injuries alleged.
1 provisions across 1 enactments
Md. Shabbir & others
The State of Bihar
Shivaji Pandey
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
