The Patna High Court granted anticipatory bail to petitioner nos. 2 and 3 subject to surrender within six weeks and furnishing bonds, declining the same for petitioner no. 1 in a PC Act case.
Petitioner nos. 2 and 3 released on anticipatory bail on surrender within six weeks with bail bonds; Petitioner no. 1's prayer refused.
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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.25405 of 2022
Arising Out of PS. Case No.-10 Year-2022 Thana- SHERGHATI District- Gaya
======================================================
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
====================================================== Appearance : For the Petitioner/s : Mr. Jitendra Kumar Giri, Advocate For the Opposite Party/s : Mr. Umesh Lal Verma, APP ======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER
A.P.P. for the State.
The petitioners apprehend their arrest in a case registered for the offences punishable under Sections 341, 323, 342, 325, 307, 379, 504 and 34 of the Indian Penal Code read with Sections ¾ of the Witchcraft Act.
Learned counsel for the petitioners submits that petitioners are persons with clean antecedent and the informant alleges that on 02.01.2022 at about 10:30 am when he was at his house, the accused persons, including the petitioners, came and started abusing his mother Radha Devi by addressing her as a
Patna High Court CR. MISC. No.25405 of 2022(3) dt.28-11-2022 2/3
witch to which the informant protested, thereafter it is alleged that they started assaulting him with lathi-danda and iron rod and on alarm, Brij Nandan Das, Shiv Balak Das and Kuleshwar Das came to save the informant but they were also assaulted, Shankar assaulted informant with khanti causing injury on his head, Sujeet Das assaulted Shiv Balak causing fracture of his left hand and Chhotu assaulted by an iron rod on the head of Brij Nandan Das causing injury.
Learned counsel for the petitioners submits that petitioners have been falsely implicated in the present case, it is next submitted that there is no specific allegation against petitioner nos. 2 and 3 though allegation against petitioner no.1, Sujeet Das is of assaulting Shiv Balak who sustained grievous injury.
Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioners.
Considering the submissions made by the learned counsel for the petitioners, the petitioner nos. 2 and 3 in the event of their 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) each with two sureties of the like
Patna High Court CR. MISC. No.25405 of 2022(3) dt.28-11-2022 3/3
amount each to the satisfaction of the learned court below where the case is pending/successor court in connection with Sherghati P.S. Case No. 10 of 2022 subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.
As far as prayer for anticipatory bail of petitioner no.1 is concerned, the Court is not inclined to extend the privilege of anticipatory bail to him. His prayer for anticipatory bail is thus refused.
(Satyavrat Verma, J)
Rishi/-
U T
1 issue framed by the court
Whether anticipatory bail should be granted to petitioner nos. 2 and 3 who have clean antecedents but lack specific allegations against them.
1 provisions across 1 enactments
SUJIT DAS @ SUJIT KUMAR AND ORS.
The State of Bihar
SATYAVRAT VERMA
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
