The High Court granted anticipatory bail to the petitioners, apprehending arrest in a PC case for affray and assault. The court noted their lack of antecedents except in a mutual property dispute and fixed a bond amount.
Bail granted on a bond of Rs. 10,000 with two sureties for six weeks in PC Case No.153/2017.
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.81606 of 2019
Arising Out of PS. Case No.-153 Year-2017 Thana- RAMGARH District- Kaimur (Bhabua)
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... ... Petitioners.
Versus
The State of Bihar
... ... Opposite Party.
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Appearance : For the Petitioners : Mr. Sanjay Kumar Pandey, Advocate. For the State : Mr. Dashrath Mehta, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA
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ORAL ORDER
3 18-06-2020
Heard learned counsel for the petitioners and the learned A.P.P. for the State through Video Conferencing.
The petitioners apprehend their arrest in connection with Ramgarh P.S. Case No.153 of 2017 registered under Sections 147, 149, 341, 323, 353, 504 and 506 of the Indian Penal Code.
The accusation is that on 19.06.2017, the informant along with other police personnel proceeded to apprehend the petitioners, accused of Gurua P.S. Case No.48 of 2017 instituted
Patna High Court CR. MISC. No.81606 of 2019(3) dt.18-06-2020 2/3
for the offences under Sections 406, 341, 504 and 506/34 of the Indian Penal Code and Sections 3/4 of the Dowry Prohibition Act and after apprehending them, when the informant along with other police personnel was returning, at that time, 60-70 persons after surrounding the police vehicle, started raising objection against the aforesaid persons being apprehended. While the informant along with other police personnel tried to convince them but all started pelting stones and causing assault to them through lathi, danda, bricks and stones. Out of the aforesaid 60-70 persons, 15 persons were identified by the local chowkidar.
Learned counsel for the petitioners submits that, in fact, while after being apprehended, the petitioners were being taken by the informant along with other personnel, some unknown persons made objections but the petitioners did not take any step to flee away from there. Further submission is that the petitioners have no criminal antecedent except in Gurua P.S. Case No.48 of 2017, as detailed in paragraph-3 to this application, which was instituted by one Virendra Singh, who had tried to settle the marriage of his daughter in the family of the petitioners.
Having considered the facts and the circumstances of
Patna High Court CR. MISC. No.81606 of 2019(3) dt.18-06-2020 3/3
the case, let the petitioners, above named, in the event of their arrest or surrender by them within six weeks from today, be enlarged on bail on their furnishing bail bond of Rs.10,000/(Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Kaimur, Bhabhua, in connection with Ramgarh P.S. Case No.153 of 2017, subject to the conditions laid down under Section 438(2) Cr.P.C.
(Rajendra Kumar Mishra, J)
P.S./-
U T
2 issues framed by the court
Whether the petitioners are entitled to anticipatory bail considering their apprehension of arrest in connection with PC offence.
Whether the fact of missing the police vehicle is relevant in deciding the bail application.
1 provisions across 1 enactments
Arvind Kumar Singh & others
The State of Bihar
RAJENDRA KUMAR MISHRA
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
