In an anticipatory bail petition under sections 302, 307 IPC, the High Court at Patna allowed the petitioner to be released on bail of Rs. 10,000 with two sureties, overriding the denial of his prior bail application due to suppressed antecedents.
Petitioner released on bail on bond of Rs. 10,000 with two sureties of like amount each.
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.9539 of 2020
Arising Out of PS. Case No.-302 Year-2018 Thana- PARBATTA District- Khagaria
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MANJAY KUMAR S/o Rajaram Yadav Resident of Village- Araiya, P.S.Parbatta (Maraiya), District- Khagaria.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
====================================================== Appearance :
For the Petitioner/s : Mr.Rajesh Kumar For the Opposite Party/s : Mr.Anand Kishore Choudhary
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER
3 01-06-2020 Heard both sides through Video Conferencing.
The petitioner seeks bail in Parbatta(Maraiya) P.S. Case No.302 of 2018 registered under Sections 147, 148, 149, 341, 307 and 302 of the Indian Penal Code.
The informant alleged that while he along with his father was going on motorcycle, the accused persons including the petitioner intercepted them. The petitioner is said to have assaulted the informant on his head and thereafter the informant fled away from the place of occurrence. It is alleged that all accused persons indiscriminately assaulted the father of the informant who died during the course of treatment.
The learned counsel for the petitioner submits that prayer for bail of the petitioner was earlier rejected by this Court vide order dated 01.08.2019 passed in Cr. Misc. No.37859 of
Patna High Court CR. MISC. No.9539 of 2020(3) dt.01-06-2020 2/2
Considering the facts aforesaid and nature of allegation made against the petitioner and the fact that there is omnibus and general allegation of assault and similarly situated other accused persons have already been enlarged on bail, let the petitioner, above named, be released on bail on furnishing bail bond of Rs.10,000/-(Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned A.C.J.M. 1st , Khagaria in connection with Parbatta(Maraiya) P.S. Case No.302 of 2018.
(Prabhat Kumar Jha, J)
Saurabh/-
U T
2 issues framed by the court
Whether the petitioner should be released on bail despite the rejection of his earlier bail application for concealing criminal antecedents.
Whether the petitioner can be enrolled on bail given that similarly situated accused persons have been granted bail.
1 provisions across 1 enactments
MANJAY KUMAR
The State of Bihar
PRABHAT KUMAR JHA
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
