The High Court of Patna granted anticipatory bail to the petitioner in a case alleging conspiracy to commit suicide. Bail was subject to conditions including furnishing a bond within a specified timeframe.
Granteed anticipatory bail on personal bond, with a direction to furnish security bonds within eight weeks after normalcy is restored.
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.40671 of 2021
Arising Out of PS. Case No.-795 Year-2020 Thana- PATRAKARNAGAR District- Patna
======================================================
PRINCE KUMAR @ PRINCE JAISWAL Son of Chandra Deo Chaudhary Resident of Village - Kirkichiya, Ward no. 07 and P.O.- Dholbazza, P.S.Farbisganj, District - Araria.
... ... Petitioner/s
Versus
The State of Bihar
| =================== Appearance : |
... . ======================= |
.. Opposite Party/s ============ |
|---|---|---|
| For the Petitioner/s : |
Mr.Alok Ranjan | |
| For the Opposite Party/s : |
Mr. Shantanu Kumar , APP |
|
| For the Informant : =================== |
Mr. Anil Prasad Singh ======================= |
============ |
CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER
2 07-09-2021
Heard learned counsel for the petitioner, learned
APP for the State and learned counsel for the informant through virtual mode.
The present matter has been taken up out of turn on the mentioning slip filed on behalf of the petitioner stating therein that the father of the petitioner is suffering from Cancer and is undergoing treatment at AIIMS, Patna. Let the mentioning slip filed on behalf of the petitioner be kept on record.
Learned counsel for the petitioner is directed to remove the defects, as pointed out by the Office, within a period of four weeks after restoration of normalcy.
The petitioner is apprehending his arrest in a case
Patna High Court CR. MISC. No.40671 of 2021(2) dt.07-09-2021 2/3
registered under Sections 306/34 of the Indian Penal Code.
The prosecution allegation, in short, is that the sister of the informant died in suspicious circumstances.
It has been submitted on behalf of the petitioner that the petitioner has got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioner. The petitioner has falsely been implicated in the present case. As per the allegation, the deceased is said to committed suicide. A suspicion has been raised by the informant regarding the involvement of the petitioner in the present case. Except for suspicion, there is no other substantive evidence to suggest his implication in the present case.
On behalf of the State and the informant, it is submitted that the petitioner is named in the F.I.R.
Considering the aforesaid facts and circumstances, the petitioner, above named, in the event of arrest/surrender before the learned court below within a period of twelve weeks from today, be released on anticipatory bail on his personal bond to the satisfaction of learned Sub-Judge-VIII-cum- A.C.J.M., Patna in connection with Patrakarnagar P.S. Case No. 795 of 2020, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.
Patna High Court CR. MISC. No.40671 of 2021(2) dt.07-09-2021 3/3
Once the normalcy is restored, the petitioner shall furnish bail bonds of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each within a period of eight weeks to the satisfaction of the Court concerned in connection with the aforesaid case.
(Sudhir Singh, J)
Pankaj/-
U T
1 issue framed by the court
Whether the petitioner is entitled to anticipatory bail in a case arising under Sections 306/34 of the Indian Penal Code.
1 provisions across 1 enactments
Prince Kumar @ Prince Jaiswal
The State of Bihar
Sudhir Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
