The Patna High Court granted anticipatory bail to four petitioners facing serious criminal charges, subjecting them to a condition to remove defects within three weeks or surrender to the lower court within six weeks.
Petitioners granted bail conditioned upon removal of defects within three weeks and surrender 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.4324 of 2022
Arising Out of PS. Case No.-250 Year-2021 Thana- GHORASAHAN District- East
Champaran
... ... Petitioner/s
Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Abhishek Kumar For the Opposite Party/s : Mr. Narendra Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER
2 25-07-2022 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 147, 148, 149, 341, 323, 324, 427, 302, 504, 506 of the Indian Penal Code.
It is submitted by learned counsel for the petitioners that petitioners are innocent and have been falsely
Patna High Court CR. MISC. No.4324 of 2022(2) dt.25-07-2022 2/2
implicated in this case. He submits that there is general and omnibus allegation levelled against the petitioners. He submits that there is specific allegation of assault against co-accused Munna Kumar who is said to have given several axe blows on the head of the father of the informant as a result of which he died on the spot. 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 and the fact that there is no specific overt act against the petitioners, 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 Ghorasahan (Jitna) P.S. Case No. 250 of 2021, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.
(Anjani Kumar Sharan, J)
devendra/-
U T
3 issues framed by the court
Whether to grant anticipatory bail to petitioners in a case involving offences under Sections 147, 148, 149, 341, 323, 324, 427, 302, 504, 506 IPC.
Whether bail should be conditioned upon the removal of defects and surrender within a specified period.
Whether the apprehension of arrest justifies granting bail without specific overt acts against the petitioners.
1 provisions across 1 enactments
Om Prakash Mahto
Manoj Mandal
Saroj Kumar
Mantu Kumar
The State of Bihar
Anjani Kumar Sharan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
