Hon'ble single judge granted pre-arrest bail to three petitioners in a police complaint involving assault and related charges by directing their surrender within four weeks subject to conditions under Section 438(2) CrPC.
Release on bail by entering into bonds with sufficient sureties and complying with procedural conditions 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.81764 of 2019
Arising Out of PS. Case No.-120 Year-2019 Thana- TERHAGACHH District- Kishanganj
======================================================
| The State of Bihar ================ |
========= | Versus ... Opposite Party ============================= |
|---|---|---|
| Appearance : For the Petitioners For the Opposite Party ================ |
: Mr. : Mr. ========= |
Sunil Kumar, Adv. Ganesh Prasad Singh, APP ============================= |
| CORAM: HONOUR MISHRA |
ABLE MR. | JUSTICE RAJENDRA KUMAR |
ORAL ORDER
3 22-06-2020
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 Tedha Gachh P.S. Case No. 120 of 2019, registered under Sections 341, 323, 324, 325, 307, 504 and 379/34 of the Indian Penal Code.
The accusation is that in the evening of 07.08.2019, Santosh Kumar Singh (petitioner no. 1) was cutting the ridge of the field of the informant, Makhanlal Singh, then, he made protest, on which petitioners and Yogendra Singh started to abuse and caught hold him and started to cause assault. In the meantime, Ganesh Prasad Singh, Abhishek Kumar Singh and Jahadu Lal Singh also came, having lathi and other instruments in their hands, and started to cause assault. At that time,
Patna High Court CR. MISC. No.81764 of 2019(3) dt.22-06-2020 2/2
Santosh Kumar Singh and Praveen Kumar Singh caused injury through kachhiya and spade and they also snatched the cash of Rs.5,000/-.
Submission is that the petitioners and informant are pattidar, due to land dispute the informant has lodged the present case with false allegation. More so, only one injury has been found on the person of the informant, which is simple in nature.
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 Tedha Gachh P.S. Case No. 120 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 Subdivisional Judicial Magistrate, Kishanganj, 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
1 issue framed by the court
Whether the petitioners are entitled to pre-arrest bail in a case involving assault and threat to life.
1 provisions across 1 enactments
Santosh Kumar Singh
Praveen Kumar Singh
Indo Devi
The State of Bihar
RAJENDRA KUMAR
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
