In an anticipatory bail petition, the Patna High Court allowed the petitioners to be released on bail bonds and sureties if they surrender within 12 weeks for offences including attack on police.
Release on anticipatory bail upon surrendering within 12 weeks with bail bonds of Rs. 10,000 and two sureties.
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.11148 of 2021
Arising Out of PS. Case No.-64 Year-2020 Thana- MAHARAJGANJ District- Siwan
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Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr.Md. Aslam Ansari For the Opposite Party/s : Mr.Asha Devi ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER
2 24-12-2021 Heard learned counsel for the petitioners and the
The petitioners are apprehending their arrest in a case
Patna High Court CR. MISC. No.11148 of 2021(2) dt.24-12-2021 2/3
registered for the offence under Sections 147, 148, 149, 323, 307, 332, 353, 337, 338, 504 and 506 of the Indian Penal Code.
Allegedly, the FIR named accused persons along with some unknown persons attacked police party.
It has been submitted on behalf of the petitioners that there is no allegation of tampering of witnesses alleged against the petitioners. The petitioners have been falsely implicated in the present case. General and omnibus allegation has been made against the petitioners. No specific overt act is alleged against the petitioners. Altogether 35 persons and 40-50 unknown persons have been made accused in the present case. The petitioners have been made accused in the present case due to mistake of fact.
On behalf of the State, it is submitted that the petitioners are named in the Complaint Case/F.I.R.
Considering the aforesaid facts and circumstances of the case, the petitioners, above named, in the event of arrest or surrender before the learned court below within a period of twelve weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Siwan in connection with
Patna High Court CR. MISC. No.11148 of 2021(2) dt.24-12-2021 3/3
Maharajganj P.S. Case No. 64 of 2020 subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.
(Sudhir Singh, J)
A.K.V.//-
U T
1 issue framed by the court
Whether the petitioners are entitled to anticipatory bail in a case alleging attack on police party under various sections of the Indian Penal Code.
2 provisions across 2 enactments
Jitendar Yadav and others
The State of Bihar
Sudhir Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
