The High Court at Patna granted anticipatory bail to the petitioner in pending criminal proceedings under various sections of the Indian Penal Code, requiring bail bonds and surrender within four weeks.
Anticipatory bail granted on bail of Rs. 10,000 with two sureties upon arrest or surrender within four 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.55895 of 2022
Arising Out of PS. Case No.-107 Year-2021 Thana- SHRI NAGAR District- Madhepura
======================================================
Amitabh Kumar S/O- Anmol Mehta Resident Of Village - Chainpur, P.S. Srinagar, District - Madhepura.
... ... Petitioner/s Versus The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr.Nafisuzzoha For the Opposite Party/s : Mr.Arun Kumar ======================================================
CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER
2 19-10-2022
Heard learned counsel for the petitioner and
learned APP for the State.
The petitioner is apprehending his arrest in a case registered for the offences punishable under Sections 147, 148, 149, 341, 323, 353, 333, 307, 188,
171, 171(F)/34 of the Indian Penal Code.
It is a case of creating hindrance in discharge of official duties of the informant being police official and others and making assault.
It is submitted by learned counsel for the petitioner that petitioner has falsely been implicated in this case. The petitioner is not named in the F.I.R. The
petitioner was not apprehended from the spot. Nothing
Patna High Court CR. MISC. No.55895 of 2022(2) dt.19-10-2022 2/2
incriminating has been recovered from the conscious possession of the petitioner. There is general and omnibus allegation against the petitioner. A statement has been made in para 3 of the petition that petitioner has no criminal antecedent.
In the facts and circumstance of the case, let the petitioner, above named, in the event of his arrest or surrender before the Court below within a period of four weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 10,000/-(Ten Thousands) with two sureties of the like amount each to the satisfaction of learned Sub-Divisional Judicial Magistrate, Madhepura in connection with Srinagar P.S. Case No. 107 of 2021, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.
(Sunil Kumar Panwar, J)
Shageer/-
U T
3 issues framed by the court
Whether to grant anticipatory bail to the petitioner apprehending arrest in a criminal case.
Whether to impose specific bail bonds and conditions upon the release of the petitioner.
Whether to stipulate a timeline for the petitioner's surrender or arrest prior to granting bail.
Amitabh Kumar
The State Of Bihar
Sunil Kumar Panwar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
