COURT OF JUDICATURE AT PATNA CRIMINAL…
Crim. Misc. No. 31543 of 2021 allowed; petitioners enlarged on bail on Rs. 10,000 each with two sureties to appear 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.31543 of 2021
Arising Out of PS. Case No.-123 Year-2020 Thana- ROH District- Nawada
======================================================
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance : For the Petitioner/s : Mr.Man Mohan Kumar For the Opposite Party/s : Mr. Sucheta Yadav ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER
Heard learned counsel for the petitioner and the State. The petitioners apprehend their arrest in a case Patna registered for the offence under Sections 147, 148, 149, 341, 323, 504, 506, 380 of the Indian Penal Code and Section 27 of the Arms Act.
As per the prosecution case, all the F.I.R. named accused persons including petitioners committed loot in the house of informant.
Patna High Court CR. MISC. No.31543 of 2021(5) dt.12-07-2022 2/2
It is submitted on behalf of petitioners that petitioners have been falsely implicated in this case and no such occurrence has taken place. It is submitted that specific accusation is against co-accused, Chhotu, who ordered to kill, and thereafter co-accused, Deepak fired from his pistol. Present case is counter blast of the case filed from the petitioners’ side, vide Roh P.S. Case No. 118 of 2020. As per F.I.R. itself, the alleged date of occurrence is 04.08.2020, but F.I.R. was lodged after a delay of four days i.e. on 08.08.2020 and there is no plausible explanation of delay. Petitioners have clean antecedent.
Learned A.P.P. for the State has opposed the prayer for anticipatory bail.
Considering the nature of accusation and clean antecedent of petitioners, let the above named petitioners, in the event of their arrest/surrender within a period of six weeks from today, be enlarged on bail on furnishing bail-bonds of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of learned J.M. 1st Class, Patna Nawada in connection with Roh P.S. Case No. 123 of 2020, subject to condition as laid down under Section 438(2) of the Code of Criminal Procedure.
(Prabhat Kumar Singh, J)
BKS/-
U T
2 issues framed by the court
Whether petitioners are entitled to anticipatory bail in the charge of rioting and grievous hurt.
What amount of bail bond and surety conditions, if any, should be imposed.
1 provisions across 1 enactments
Pankaj Kumar and Others
The State of Bihar
Prabhata Kumar Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
