The High Court at Patna granted pre-arrest bail to Anil Kumar and Sunil Kumar in a criminal case involving IPC offences. Petitioners must surrender within four weeks and furnish bonds with sureties subject to standard conditions.
Released on bail upon furnishing bonds of Rs.10,000 with two sureties and surrendering within four 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.81617 of 2019
Arising Out of PS. Case No.-110 Year-2019 Thana- SAKURABAD District- Jehanabad
======================================================
| The State of Bihar ================ |
========= | Versus ... Opposite Party ============================= |
|---|---|---|
| Appearance : For the Petitioners For the Opposite Party ================ |
: Mr. : Mr. ========= |
Umesh Kumar, Adv. Nawal Kishore Prasad, APP ============================= |
| CORAM: HONOUR MISHRA |
ABLE MR. | JUSTICE RAJENDRA KUMAR |
ORAL ORDER
4 19-06-2020
Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the state through video conferencing.
The petitioners seek pre-arrest bail in connection with Shakurabad P.S. Case No. 110 of 2019, registered under Sections 341, 323, 354, 308, 379, 504 and 506/34 of the Indian Penal Code.
The accusation is that Sunil Kumar and his brother, Anil Kumar, were engaged in constructing the tank in the lane, on which, informant Sanita Devi, made protest showing that construction of tank will close the path-way, thereafter, hot talk started, at that time, Sunil Kumar gave iron rod blow to Abhinai Kumar, son of the informant. When informant rushed to save her son, then, this petitioner caused injury through lathi catching her hair and also torn her clothes. In the meantime, Renu Devi, wife of Sunil Kumar, and Ramlakhvi Devi, mother of Sunil
Patna High Court CR. MISC. No.81617 of 2019(4) dt.19-06-2020 2/2
Kumar, caused assault and snatched the gold chain.
Submission is that at the time of occurrence marpeet
took place, in which both sides sustained injury, regarding which Makhdumpur P.S. Case No. 109 of 2019 is also instituted on 31.05.2019 for offences under Sections 341, 323, 308 and 504 of the Indian Penal Code. More so, son of the informant sustained injuries, which are all simple in nature, which would appear from injury report, Annexure 2. the petitioners have no criminal antecedent.
Having regard to the facts and circumstances of the case, let the petitioners, above named, in the event of surrender/arrest, within a period of four weeks from today, in connection with Shakurabad P.S. Case No. 110 of 2019 shall be released on bail on furnishing bail bonds of Rs.10,000/- (rupees ten thousand) each with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Jehanabad, or the successor Court subject to the conditions as laid down under Section 438(2) Criminal Procedure Code.
(Rajendra Kumar Mishra, J)
Shamshad/-
U T
2 issues framed by the court
Whether to grant pre-arrest bail to the petitioners in the criminal case.
What conditions should be imposed on the bail of the petitioners.
1 provisions across 1 enactments
Anil Kumar
Sunil Kumar
State of Bihar
Rajendra Kumar Mishra
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
