In a criminal miscellaneous petition, this court granted anticipatory bail to the petitioners in a case involving assault, theft, and attempted murder, conditioning it on police custody within six weeks.
Petitioners directed to appear before the learned court below within six weeks; otherwise arrest order to be made.
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.39923 of 2021
Arising Out of PS. Case No.-189 Year-2020 Thana- SHAHKUND District- Bhagalpur
======================================================
... ... Petitioner/s
Versus
The State of Bihar.
... ... Opposite Party/s
====================================================== Appearance : For the Petitioner/s : Mr. Anshuman For the Opposite Party/s : Md. Fahimuddin ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER
2 21-06-2022
Heard learned counsel for the petitioners and learned APP for the State.
The petitioners apprehend their arrest in a case registered for the offences punishable under Sections 341, 323, 325, 379, 307, 506, 504 and 34 of the Indian Penal Code.
The petitioners are said to have assaulted the brother of the informant brutally and snatched a mobile phone, a watch and Rs.2000/- from the brother of the informant.
Learned counsel for the petitioners submits that the petitioners are innocent and have falsely been implicated in the present case. There is general and omnibus allegation against
Patna High Court CR. MISC. No.39923 of 2021(2) dt.21-06-2022 2/2
the petitioners. It is further submitted that there is no injury report in the case diary. It is also submitted that the occurrence took place on 10.08.2020, but the FIR was lodged after 15 days of the occurrence without any explanation.
Learned APP for the State opposed the prayer for anticipatory bail of the petitioners.
Taking into consideration the facts and circumstances of the case and the fact that the FIR was lodged after 15 days of the occurrence, let petitioners, above named, 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 bonds of Rs.25,000/- (rupees twenty five thousand) each with two sureties of the like amount each to the satisfaction of learned A.C.J.M.-II, Bhagalpur in connection with Shahkund P.S. (Bhagalpur) Case No.189 of 2020, subject to the conditions laid down under Section 438(2) of the Code of Criminal Procedure.
(Anjani Kumar Sharan, J.)
Sanjay/-
U T
1 issue framed by the court
Whether to grant anticipatory bail to the petitioners in a case alleging assault, theft, and attempt to murder under the Indian Penal Code.
1 provisions across 1 enactments
Viveka Sharma @ Viveka Nand Sharma and others
The State of Bihar
Anjani Kumar Sharan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
