In an anticipatory bail application, the Patna High Court directed the petitioner to surrender within six weeks to be enlarged on bail by furnishing a bond with sureties, subject to conditions under Section 438(2) Cr.P.C.
Petitioner enlarged on bail within six weeks upon surrender with a bond of Rs.25,000 and two sureties of the like amount.
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.51432 of 2021
Arising Out of PS. Case No.-152 Year-2021 Thana- CHAPRA MUFFASIL District- Saran
======================================================
Ashutosh Ranjan Son Of Subash Chandra Singh Resident Of Village - Sherpur, P.S.- Chapra Muffasil, Distt.- Saran.
... ... Petitioner/s
Versus
The State Of Bihar
... ... Opposite Party/s
| =================== Appearance : |
=================================== |
|---|---|
| For the Petitioner/s : |
Mr.Harish Kumar |
| For the Opposite Party/s : =================== |
Mr.Mukesh Kumar Singh =================================== |
CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER
2 06-05-2022
Heard learned counsel for the petitioner and learned
Additional Public Prosecutor for the State through the virtual court proceeding.
Learned counsel for the petitioner 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 petitioner is apprehending his arrest in a case registered for the offence punishable under Sections 341, 323, 324, 325, 354(b), 34 of the Indian Penal Code.
All the FIR named persons abused and assaulted the informant by rod due to domestic violence dispute and petitioner tore off her cloth and when her husband came to rescue, he was also assaulted.
It is submitted by learned counsel for the petitioner that petitioner is innocent and has been falsely
Patna High Court CR. MISC. No.51432 of 2021(2) dt.06-05-2022 2/2
implicated in this case. He submits that there is a property dispute between the parties. He submits that occurrence took place on 27.03.2021 but FIR was lodged on 01.04.2021 without reasonable explanation of delay. He submits that there is case and counter case between the parties. He further submits that petitioner has no criminal antecedent as stated in para-3 of this application.
Learned APP for the State opposed the prayer for
bail.
Considering the facts and circumstances of the case, let the above named petitioner in the event of his 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) 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 Chapra Muffasil P.S. Case No. 152 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
1 issue framed by the court
Whether to grant bail to the petitioner apprehending arrest in a criminal case.
1 provisions across 1 enactments
Ashutosh Ranjan
The State Of Bihar
Anjani Kumar Sharan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
