Single judge order granting anticipatory bail to four petitioners in a public order and assault case. Args no specific overt act or antecedents; bail granted conditionally on surrender within twelve weeks.
Released on bail bond of Rs.10,000/ each with two sureties of the like amount to surrender within twelve weeks.
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.80041 of 2019
Arising Out of PS. Case No.-109 Year-2019 Thana- SANGRAMPUR District- Munger
======================================================
... ... Petitioners
Versus
The State of Bihar
... ... Opposite Party
====================================================== Appearance :
For the Petitioner/s : Mr.Kaushal Kishor For the Opposite Party/s : Mr.Uma Shankar Prasad Singh
======================================================
CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER
4 14-02-2020
A.P.P. for the State.
The petitioners are apprehending arrest in a case registered for the offences punishable under Sections 147, 148, 149,341, 323, 325, 353, 427, 504 and 506 of the Indian Penal Code.
As per prosecution case, the petitioners got the accused Kunkun Yadav released, who was arrested by the informant and other police officers. It is further alleged that they also assaulted the informant and other police officers by lathi and obstructed in the performance of the duty by the police.
Patna High Court CR. MISC. No.80041 of 2019(4) dt.14-02-2020 2/2
It is submitted by learned counsel for the petitioners that petitioners are alleged to be member of the mob and no specific overt act has been attributed against them. It is further submitted that general and omnibus accusation has been made against the petitioners. A statement has been made in paragraph3 of the petition that the petitioners are not having any criminal antecedent.
Considering the general and omnibus accusation being made against the petitioners, coupled with the statement made in paragraph-3 of the petition that the petitioners are not having any criminal antecedent, let the above named petitioners be released on bail, in the event of their arrest or surrender before the court below within a period of twelve weeks from today, on furnishing bail bond of Rs.10,000/-(ten thousand) each with two sureties of the like amount each to the satisfaction of learned S.D.J.M., Munger in connection with Sangrampur P.S. Case No.109 of 2019, subject to conditions as laid down under Section 438(2) Cr.P.C.
(Dinesh Kumar Singh, J)
nawalkrs/-
U T
3 issues framed by the court
Whether petitioners apprehending arrest in an omnibus accusation case should be granted anticipatory bail.
Whether release on bail bond with sureties is appropriate given the general nature of the charges.
Whether the non-existence of criminal antecedents warrants grant of bail.
1 provisions across 1 enactments
SUNITA DEVI
SUMA DEVI
MAINA DEVI
SULENA DEVI
STATE OF BIHAR
DINESH KUMAR SINGH
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
