Single judge order granting anticipatory bail to three petitioners facing charges under IPC in a murder and criminal conspiracy case.
Order grants release on bail in the event of arrest or surrender within four weeks upon furnishing a bail bond of Rs. 10,000 and two sureties of the like amount.
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.17139 of 2021
Arising Out of PS. Case No.-368 Year-2020 Thana- FORBESGANJ District- Araria
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... ... Petitioner/s
Versus
THE STATE OF BIHAR Bihar
... ... Opposite Party/s
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Appearance : For the Petitioner/s : Mr. Md. Naushad Uzzoha, Advocate For the Opposite Party/s : Mr. Sanjay Kumar Sharma
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CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER
3 07-02-2022
Heard Mr. Md. Naushad Uzzoha, learned Advocate for the petitioners and the learned APP for the State.
The petitioners seek bail in anticipation of their arrest in connection with Forbesganj P.S. Case No. 368 of 2020 dated 12.05.2020 instituted for the offences under Sections 147, 148, 149, 447, 448, 341, 323, 337, 338, 307 and 504 of the Indian Penal Code. However later, with the death of the deceased Section 302 IPC was added.
It has been urged on behalf of the petitioners that except for the petitioners having been named in the FIR, there is no specific accusation against them. The
Patna High Court CR. MISC. No.17139 of 2021(3) dt.07-02-2022 2/2
accusation of assaulting the deceased is on four other accused persons and not on the petitioners.
Considering the afore-noted facts, the petitioners are directed to be released on bail, in the event of their 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 their furnishing bail bonds in the sum of Rs. 10,000/- (Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Araria in connection with Forbesganj P.S. Case No. 368 of 2020, subject to the conditions as laid down under Section 438(2) Cr.P.C.
(Ashutosh Kumar, J)
krishna/-
U T
2 issues framed by the court
Whether the petitioners, who have no specific accusation in the FIR, are entitled to anticipatory bail.
Whether Section 438 Cr.P.C. mandates release on bail bonds for the petitioners in light of the pending investigation.
1 provisions across 1 enactments
RASHID @ RASID @ ABDUR RASHID
Sarwar
Serajul
THE STATE OF BIHAR
ASHUTOSH KUMAR
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
