The Patna High Court granted anticipatory bail to petitioners in a criminal case involving IPC offences, allowing them to be released on bail within six weeks of arrest or surrender upon furnishing a bond of Rs. 25,000 with sureties.
Petitioners enlarged on bail within six weeks of arrest/surrender by furnishing bond of Rs. 25,000 each with two sureties.
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.3092 of 2022
Arising Out of PS. Case No.-140 Year-2019 Thana- BISHANPUR CHOWK DistrictDarbhanga
| ... ... Petitioner/s |
|---|
Versus
The State Of Bihar
... ... Opposite Party/s
====================================================== Appearance :
For the Petitioner/s : Mr.Baidya Nath Prasad For the Opposite Party/s : Mr.Renuka Ratnakar
======================================================
CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER
Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State.
Learned counsel for the petitioners undertakes to remove the defects within three weeks. In the eventuality of non-removal of defects within undertaken period, the office will place the matter before the Bench.
The petitioners are apprehending their arrest in a case registered for the offence punishable under Sections 341, 323, 354, 379, 427, 504, 506/34 of the Indian Penal Code.
It is submitted by learned counsel for the petitioners that petitioners is innocent and have been falsely implicated in this case. He submits that after investigation, police has submitted charge-sheet under Sections 341, 323, 354,
Patna High Court CR. MISC. No.3092 of 2022(2) dt.12-07-2022 2/2
379, 427, 504, 506/34 of the IPC and on the basis of chargesheet submitted by the police, the learned court below has taken cognizance against the petitioners. He submits that there is general and omnibus allegation levelled against the petitioners. He submits that there is no specific overt act against the petitioners. He further submits that petitioners have no criminal antecedent as stated in para-3 of this application.
Learned APP for the State opposes the prayer for
bail.
Considering the facts and circumstances of the case, let the above named petitioners in the event of their 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) each with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/successor court in connection with Bishanpur P.S. Case No. 140 of 2019, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.
(Anjani Kumar Sharan, J)
devendra/-
U T
2 issues framed by the court
Whether the petitioners are eligible for anticipatory bail in a case involving Sections 341, 323, 354, 379, 427, 504, 506/34 IPC.
Whether the condition of removing defects within three weeks or surrendering before the court below binds the petitioners to bail.
1 provisions across 1 enactments
Kari Sahni
Sunil Sahani
The State Of Bihar
Anjani Kumar Sharan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
