In a criminal miscellaneous matter, the Patna High Court granted anticipatory bail to the petitioner who was apprehended of arrest in an IPC case involving assault and mischief, subject to compliance with specific conditions.
Released on anticipatory bail on furnishing bonds of Rs. 10,000 with two sureties if arrested or surrenders within six 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.10250 of 2022
Arising Out of PS. Case No.-23 Year-2021 Thana- KAMTAUL District- Darbhanga
======================================================
RAKESH CHAUPAL SON OF RAM VILASH CHAUPAL RESIDENT OF VILLAGE- GOPLAPUR, POLICE STATION- KAMTAUL AND DISTRICTDARBHANGA
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
====================================================== Appearance : For the Petitioner/s : Mr.Manish Kumar No2, Advocate For the Opposite Party/s : Mr.Narsingh Tanti, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER
2 06-09-2022
Heard learned counsel for the petitioner and learned A.P.P. for the State.
The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 341, 323, 324, 379, 504, 506 and 34 of the Indian Penal Code.
The informant alleges that on 06.11.2020 at 7:30 in the morning, when he was at his house, accused persons, including the petitioner, came and started abusing him on which the informant protested, thereafter it is alleged that all the accused persons assaulted the informant’s son and nephew with farsa causing injury on head and both became unconscious further alleges that the accused persons caught Sima Devi and slammed her and even made her semi-naked.
Patna High Court CR. MISC. No.10250 of 2022(2) dt.06-09-2022 2/2
Learned counsel for the petitioner submits that the petitioner is a person with clean antecedent and has been falsely implicated in the present case and from perusal of the allegation as alleged in the F.I.R. it would manifest that the date of occurrence is 06.11.2020 and the F.I.R. has been instituted on 28.01.2021 without any plausible explanation for the delay
Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioner.
Considering the submissions made by the learned counsel for the petitioner, the petitioner above-named, in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 10,000/(Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/successor court in connection with Kamtaul P.S. Case No. 23 of 2021 subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.
(Satyavrat Verma, J)
Rishi/-
U T
2 issues framed by the court
Whether anticipatory bail should be granted to the petitioner apprehending arrest in offences under IPC Sections 341, 323, 324, 379, 504, 506 and 34.
Whether conditions of arrest and bail bond compliance are necessary for granting anticipatory bail.
1 provisions across 1 enactments
Rakesh Chaupal
The State of Bihar
Satyavrat Verma
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
