In a bail petition under Section 438 CrPC, the Court enlarged the petitioners on bail by requiring a bond of Rs. 10,000 each with two sureties of the same amount.
Directed to be enlarged on bail upon furnishing a bond of Rs. 10,000 each 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.765 of 2020
Arising Out of PS. Case No.-173 Year-2019 Thana- TEGHRHA District- Begusarai
======================================================
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
====================================================== Appearance : For the Petitioner/s : Mr.Arjun Prasad, Advocate For the Opposite Party/s : Mr.Vinod Shanker Modi, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER
2 20-02-2020 Heard learned counsel for the petitioners and learned
counsel for the State.
The petitioners apprehend their arrest in T eghra P.S. Case No. 173 of 2019 , registered for the offence punishable under Sections 448, 506, 341, 323, 324, 307 of the Indian Penal Code.
It is alleged that all the accused persons including these petitioners came having armed with weapons, and assaulted the informant and her family members.
It is submitted by learned counsel for the petitioners that petitioners have falsely been implicated in this. There is
Patna High Court CR. MISC. No.765 of 2020(2) dt.20-02-2020 2/3
case and counter case. Both sides sustained injury. Injury caused by the petitioners is said to be simple in nature. Other coaccused has been granted bail by this court vide order dated 14.11.2019 passed in Cr. Misc. No. 67283 of 2019. Petitioners have got clean antecedent.
Considering the facts aforesaid, the petitioners abovenamed, in the event of their arrest/surrender before the court below within a period of six weeks from the date of receipt/production of a copy of this order, are directed to be enlarged 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 the learned Chief Judicial Magistrate, Begusarai in connection with Teghra P.S. Case No. 173 of 2019 , subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure with further conditions:-
(i) The petitioners 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, their bail bonds shall be liable to be cancelled by the court below.
Patna High Court CR. MISC. No.765 of 2020(2) dt.20-02-2020 3/3
(ii) If the petitioners tamper 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 petitioners.
(Prabhat Kumar Singh, J)
vinita/-
U T
1 issue framed by the court
Whether the petitioners are entitled to anticipatory bail in the present case.
1 provisions across 1 enactments
Abhimanyu Chaurasia @ Abhimanyu Kumar Chaurasia
Ashwani Chaurasia @ Ashwini Chaurasia
Gautam Chaurasia
The State of Bihar
PRABHAT KUMAR SINGH
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
