Allowed
Md. Ain @ Mohammed Ain v. The State of Bihar
Patna HCCR. MISC./5665/2020
Case brief
from the order text
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COURT OF JUDICATURE AT PATNA CRIMINAL…
What the court decided
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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.5665 of 2020
Arising Out of PS. Case No.-184 Year-2016 Thana- SIWAN MUFFASIL District- Siwan
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Md. Ain @ Mohammed Ain, Son of Ali Hasan, Resident of Village-Orma, P.S.- Siwan (Muffasil), District- Siwan.
Versus
The State of Bihar ... ... Opposite Party ====================================================== Appearance : For the Petitioner/s : Mr. Zeyaul Hoda, Advocate For the Opposite Party/s : Mr. Pancha Nand Pandit, APP ======================================================
CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL ORDER
3 28-02-2020
Heard learned counsel for the petitioner and learned counsel for the State being assisted by the learned counsel for the Informant.
The petitioner seeks pre-arrest bail in connection with Muffasil P.S. Case No.184 of 2016 registered for the offence punishable under Sections 147, 148, 149, 323, 324, 307 and 427 of the Indian Penal Code.
Considering that the petitioner was neither named in the first information report nor any incriminating material transpired against him during investigation nor he was sent up for trial and he has been summoned during trial by the trial court in exercise of powers conferred under Section 319 of the Code of Criminal Procedure on the strength of deposition of two witnesses during trial who are inimical to the petitioner, in the
Patna High Court CR. MISC. No.5665 of 2020(3) dt.28-02-2020 2/2
event of arrest or surrender in the court below, the petitioner is directed to be released on bail on furnishing bail bond of Rs.10,000/- (rupees ten thousand) with two sureties of the like amount each to the satisfaction of the learned 1st Additional Sessions Judge-cum-Special Judge, Siwan in connection with Siwan Muffasil P.S. Case No.184 of 2016 subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.
(Ashwani Kumar Singh, J.)
Sanjeet/-
U T
2 issues framed by the court
Whether the petitioner who is not named in the FIR and not sent up for trial is entitled to pre-arrest bail under Section 438 CrPC.
Whether the petitioner's mention in the investigation report or deposit of inimical witnesses during trial attracts pre-arrest bail.
8 provisions across 2 enactments
Md. Ain @ Mohammed Ain
The State of Bihar
ASHWANI KUMAR SINGH
As recorded by the court registry
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