This order grants anticipatory bail to the second petitioner in an IPC case involving assault and criminal mischief, releasing him upon surrender within four weeks. The court dismissed the application for the first petitioner as infructuous due to his prior arrest.
Petitioner no. 2 granted bail; Petitioner no. 1 application dismissed as infructuous.
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.11788 of 2021
Arising Out of PS. Case No.-757 Year-2019 Thana- MADHAURAH District- Saran
======================================================
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
====================================================== Appearance : For the Petitioner/s : Mr.Basant Kumar Singh For the Opposite Party/s : Mr.APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER
2 22-02-2022
Heard Mr. Basant Kumar Singh, learned Advocate
for the petitioners and Mr. Narendra Kumar Singh, learned APP for the State.
Mr. Singh seeks permission to withdraw the
application with respect to petitioner no. 1 who has been arrested during the pendency of this bail petition.
The application with respect to petitioner no. 1 is
dismissed as having become infructuous.
The petitioner no. 2 seeks bail in anticipation of his
arrest in connection with Marhowrah P. S. Case No. 757 of 2019, dated 08.11.2019, instituted for the offences under
Patna High Court CR. MISC. No.11788 of 2021(2) dt.22-02-2022 2/3
Sections 341, 326, 307, 506, 34 and 379 of the Indian Penal Code.
It appears from the F.I.R. that one Sunil Sah gave
a knife blow to the informant in his stomach as a result of which he was injured. Another accused, namely, Shankar Sah is said to have taken away the proceeds of the sale of fish of that day from the informant. Later, with the help of local people, the informant was brought to the hospital for his treatment. The informant has admitted in the F.I.R. that the accused persons are his relatives and there was some dispute in the past with respect to sale proceeds of a buffallo.
So far as the petitioner is concerned, it has been argued that except for his being named in the F.I.R., there is no overt act attributed to him.
The petitioner no. 2 has been made accused in this case because of his sympathies and association with other accused persons of this case with whom the informant has some dispute from the past.
Considering the afore-noted facts, the petitioner
Patna High Court CR. MISC. No.11788 of 2021(2) dt.22-02-2022 3/3
no. 2, above-named, is directed to be released on bail, in the event of his arrest or surrender before the court below within a period of four weeks from the date of receipt / production
of a copy of this order, on his furnishing bail bonds in the sum of Rs. 10,000 /- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Saran at Chapra, in connection with Marhowrah P. S. Case No. 757 of 2019, subject to the conditions as laid down under Section 438 (2) Cr.P.C.
The application stands allowed.
(Ashutosh Kumar, J)
skm/-
U T
2 issues framed by the court
Whether petitioners be granted anticipatory bail pending the investigation of the FIR.
Whether the application for the first petitioner becomes infructuous upon his arrest.
1 provisions across 1 enactments
Anil Sah
Bablu Sah
State of Bihar
Ashutosh Kumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
