Hearing an anticipatory bail application under Section 438 Cr.P.C. in a criminal case involving offences of assault and affray, the court directed the petitioner's release upon removing procedural defects within one month.
Released on bail of Rs. 10,000/- with two sureties of similar amount upon removing case defects within one month.
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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.3722 of 2022
Arising Out of PS. Case No.-134 Year-2021 Thana- INDUSTRIAL District- Bhagalpur
======================================================
GULSHAN RAY @ GULSHAN KUMAR RAY S/o Binod Ray @ Binod Kumar Ray Resident of Ward No. 2 Narktia, P.S.- Kharik, District- Bhagalpur
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr.Viveka Nandsingh For the Opposite Party/s : Mr.Shyameshwar Dayal ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY
ORAL ORDER
2 11-08-2022
The learned counsel for the petitioner is directed to remove all the defects pointed out by the office within one month.
Heard the learned counsel for the petitioner as well as the learned Additional Public Prosecutor for the State.
The petitioner apprehends his arrest in connection with Industrial Area P.S. Case No. 134 of 2021 registered for the offences punishable under Sections 341, 323, 504, 307, 353, 223, 147, 149 of the Indian Penal Code.
As per allegation, the informant, who is Mining Inspector, stopped a tractor, which was over loaded with the stone chips. When the informant demanded Challan from the tractor driver, he called the accused persons who badly assaulted the informant and they also assaulted the driver of his vehicle and attempted to snatch the arms of the SAP Constables.
Patna High Court CR. MISC. No.3722 of 2022(2) dt.11-08-2022 2/2
Learned counsel for the petitioner has submitted that the FIR shows itself that the accused persons were without any arms whereas with the informant who is Mining Inspector there were security persons with him. He has submitted further that injuries on the person of informant are simple in nature.
Considering the above-mentioned facts and circumstances, the petitioner above-named, in the event of his arrest or surrender, within four weeks from today, is directed to be released on bail on furnishing bail bonds of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Bhagalpur in connection with Industrial Area P.S. Case No. 134 of 2021, subject to condition as laid down under section 438(2) Cr.P.C. The petitioner is directed to remain physically present before the Court below on each and every date by the stage of the charge.
Office shall ensure that all defects are removed by the petitioner within the stipulated time mentioned hereinabove, failing which, the matter shall be brought tot he notice of this Court.
(Nawneet Kumar Pandey, J)
shweta/mahesh- U T
1 issue framed by the court
Whether accused deserves to be released on anticipatory bail subject to conditions.
1 provisions across 1 enactments
Gulshan Ray @ Gulshan Kumar Ray
The State of Bihar
Nawneet Kumar Pandey
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
