The court granted anticipatory bail to the petitioner in anticipation of arrest. The relief was granted considering that the principal accused had already obtained anticipatory bail, subject to standard conditions under Section 438(2) Cr.P.C.
Granted anticipatory bail to the petitioner subject to conditions under Section 438(2) Cr.P.C.
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. 11304 of 2021
Arising Out of PS. Case No.-578 Year-2020 Thana- KATIHAR NAGAR District- Katihar
======================================================
Md. Mahboob @ Md. Mahbub, aged about 35 years, Male, Son of Late Md. Amir, Resident of Rampara, Ward No. 24, P.S.- Town, District- Katihar.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Dhaneshwar Vashist, Advocate For the Opposite Party/s : Ms. Madhuri Lata, APP ======================================================
CORAM: HONOURABLE MR. JUSTICE SANJEEV PRAKASH SHARMA
ORAL ORDER
3 10-01-2022
The petitioner seeks bail in anticipation of his arrest in
connection with Katihar Town P.S. Case No. 578 of 2020 instituted for the offences punishable under Sections 341, 323, 324, 307, 506/34 of the Indian Penal Code.
Considering the nature of allegations levelled against Md. Ishrat Khan and not against Md. Mahboob @ Md. Mahbub in the FIR, and Md. Ishrat Khan has granted anticipatory bail, I am inclined to allow the petitioner on bail, in the event of arrest he shall be released on anticipatory bail, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.
(Sanjeev Prakash Sharma, J)
Anand Kr.
U T
2 issues framed by the court
Whether the petitioner is entitled to anticipatory bail in the event of his arrest in connection with offences under Sections 341, 323, 324, 307, 506/34 IPC.
Whether the petitioner can be granted bail given that the main accused Md. Ishrat Khan has already been granted anticipatory bail.
1 provisions across 1 enactments
Md. Mahboob @ Md. Mahbub
The State of Bihar
SANJEEV PRAKASH SHARMA
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
