Allowed anticipatory bail application filed by three petitioners in connection with P.S. Case No. 204 of 2020 involving land dispute and multiple offences under IPC, subject to conditions under Section 438(2) CrPC.
Bail bond of Rs. 10,000 each with two sureties of the like amount to be furnished 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.20780 of 2021
Arising Out of PS. Case No.-204 Year-2020 Thana- MADHUBAN District- East Champaran
======================================================
... ... Petitioners
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioners : Mr. Rajesh Ranjan, Advocate Mr. Shakti Suman Kumar, Advocate For the State : Mr. Jharkhandi Upadhyay, APP ======================================================
... ... Opposite Party/s
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER
2 25-11-2021
This case has been listed out of turn as the petitioner no.2 is to appear in the competitive examination which is to be held on 29.11.2021.
Heard learned counsel for the parties.
This application for anticipatory bail arises out of Madhuban P.S. Case No. 204 of 2020 for the offence punishable under Sections 147, 148, 149, 341, 323, 324, 307, 379 and 504 of the Indian Penal Code.
It is submitted by learned counsel for the petitioners that the genesis of the occurrence is the land dispute and there is case and counter case from both the sides. It is
Patna High Court CR. MISC. No.20780 of 2021(2) dt.25-11-2021 2/2
further submitted that the persons have been injured from both the sides and there is no allegation of assault against these petitioners.
Considering the aforesaid facts, this application is allowed. Let the petitioners, above named, in the event of their arrest/surrender within four weeks from today in the Court below, be released on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned A.C.J.M., IV, Motihari, East Champaran, in connection with Madhuban P.S. Case No. 204 of 2020, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.
(Sandeep Kumar, J)
pawan/-
U T
1 issue framed by the court
Whether the application for anticipatory bail in an offence under Sections 147, 148, 149, 341, 323, 324, 307, 379, and 504 IPC should be allowed given that there is conflict and injury from both sides
1 provisions across 1 enactments
Binod Rai
Nitish Kumar
Kamlesh Rai
The State of Bihar
Sandeep Kumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
