Allowed the petitioners' application for anticipatory bail in a case under various IPC sections, directing surrender and specifying bail bond requirements.
Petitioners enlarged on bail after surrendering within four weeks and furnishing bond of Rs. 10,000 with 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.5083 of 2020
Arising Out of PS. Case No.-123 Year-2017 Thana- KAKO District- Jehanabad
======================================================
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ======================================================
Appearance : For the Petitioner/s : Mr.Ajay Kumar For the Opposite Party/s : Mr.Prem Kumar Jha ======================================================
CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER
3 01-12-2021
APP for the State.
Learned counsel for the petitioners is expected to honour his undertaking to remove the defects as pointed out by the office when called upon to do so by the office.
The instant application for anticipatory bail has been
filed by the petitioners apprehending their arrest in connection with Kako P.S. Case no. 123 of 2017 instituted for the offence under Sections 341, 323, 307, 379, 504 and 34 of the Indian Penal Code.
As per allegation in the FIR, it is a case of assault to the informant and her son by the accused persons including the petitioners due to land dispute.
Learned counsel appearing on behalf of the petitioner has submitted that petitioners are innocent and have committed
Patna High Court CR. MISC. No.5083 of 2020(3) dt.01-12-2021 2/2
no offence. They have got no criminal antecedent. The present case is counter blast of Kako P.S. Case No. 122 of 2017, which is filed by the petitioner against the informant. Only to save their skin, the present case has been lodged. Para 29 of the case diary shows that injury received by the informant is simple in nature.
Learned APP appearing for the State has opposed the prayer of bail
Having heard learned counsel for the parties and in the facts and circumstances of the case as stated above, this Court is inclined to enlarge the petitioners on bail. The petitioners are directed to surrender in the Court below within a period of four weeks from today and in the event of their arrest or surrender in connection with Kako P.S. Case no. 123 of 2017, they will be enlarged 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 learned Judicial Magistrate, 1st Class, Jehanabad subject to the conditions as laid down under section 438(2) of the Cr.P.C.
(Sunil Kumar Panwar, J)
sushma/- U
3 issues framed by the court
Whether the prayer for anticipatory bail in a case involving offences under sections 341, 323, 307, 379, 504 and 34 IPC should be allowed.
Whether the petitioner is entitled to enlarge on bail after undertaking to remove defects in the challan.
What conditions should be imposed on granting bail in the present facts.
1 provisions across 1 enactments
Deepak Kumar and others
State of Bihar
Sunil Kumar Panwar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
