The High Court granted anticipatory bail to the applicant in a case alleging offences under Sections 147, 148, and others of the IPC. Bail was conditioned upon arrest or surrender within six weeks.
Bail granted on furnishing a bond of Rs. 25,000 with two sureties upon appearance or surrender 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.15055 of 2022
Arising Out of PS. Case No.-63 Year-2018 Thana- SHERGHATI District- Gaya
======================================================
GANDHI @ DHANANJAY YADAV S/o Devnandan Yadav R/o villageBeldih, P.S.- Sherghati, District- Gaya.
... ... Petitioner/s
Versus
The State of Bihar.
... ... Opposite Party/s
====================================================== Appearance : For the Petitioner/s : Mr. Ravindra Kumar Sinha For the Opposite Party/s : Md. Aslam Ansari ======================================================
CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER
3 12-12-2022 Heard both sides.
The petitioner apprehends his arrest in connection with Sherghati P.S. Case No.63 of 2018, registered for the offences punishable under Sections 147, 148, 149, 452, 323, 324, 379, 504 and 506 of the Indian Penal Code.
The petitioner alongwith other co-accused persons are
said to have entered into the house of the informant in the night and assaulted Ranjan Yadav, Pradeep Kumar and Malo Devi. Two persons were brought towards a river by the petitioner and assaulted them by means of rod.
Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in the present case. The petitioner has got no criminal antecedent as stated in paragraph-3 of the bail application. It is further
Patna High Court CR. MISC. No.15055 of 2022(3) dt.12-12-2022 2/2
submitted that the occurrence took place on 05.02.2018 and the FIR was lodged on 07.02.2018 after delay of two days without giving any explanation which creates a serious doubt on the veracity of the prosecution case. It is submitted that the injuries sustained by the injured persons are simple in nature.
Learned APP for the State opposed the prayer for anticipatory bail of the petitioner.
Considering that the nature of the injuries sustained by the injured persons are simple, let 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 enlarged on bail on furnishing bail bond of Rs.25,000/- (rupees twenty five thousand) with two sureties of the like amount each to the satisfaction of learned A.C.J.M., Sherghati, District Gaya in connection with Sherghati P.S. Case No.63 of 2018, subject to the conditions laid down under Section 438(2) of the Code of Criminal Procedure.
(Anjani Kumar Sharan, J)
Sanjay/-
U T
1 issue framed by the court
Whether the petitioner is entitled to anticipatory bail in the present proceedings.
1 provisions across 1 enactments
Gandhi @ Dhananjay Yadav
The State of Bihar
Anjani Kumar Sharan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
