The High Court of Patna granted anticipatory bail to the petitioner in a criminal case involving Sections 323, 504, 307, and 34 IPC. The order was passed after the petitioner demonstrated a compromise with the victim and lack of criminal antecedents.
Release of the petitioner on personal bond on the happening of 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.60788 of 2022
Arising Out of PS. Case No.-60 Year-2020 Thana- RASULPUR District- Saran
NARENDRA SINGH S/O LATE SHIV KUMAR SINGH Resident of Village- Atarsan, P.S.- Rasulpur, District- Chapra, Saran.
... ... Petitioner/s
Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr.Maheshwar Prasad, Adv. For the Opposite Party/s : Mr.Akhileshwar Dayal, APP Mr.Shailendra Kumar Singh, Adv. ====================================================== CORAM: HONOURABLE MR. JUSTICE ARVIND SRIVASTAVA ORAL ORDER
3 30-11-2022
Heard learned counsel for the petitioner and learned
A.P.P. for the State.
The petitioner apprehends his arrest in connection with Rasulpur P.S. Case No.60 of 2020 registered under Sections 323, 504, 307/34 of the Indian Penal Code.
Learned counsel for the petitioner submits that earlier the prayer for anticipatory bail of the petitioner was rejected by this Court vide order dated 07.12.2021 passed in Cr.Misc.No.4826 of 2021. It is further submitted that the fresh ground is that both parties have compromised the case. In support thereof, a compromise petition (Annexure 5) has been filed. He further submits that the petitioner has no criminal antecedent.
Patna High Court CR. MISC. No.60788 of 2022(3) dt.30-11-2022 2/2
Having considered the above facts and circumstances of the case, let the above named petitioner be released on bail, in the event of arrest or surrender before the learned Court below within a period of four weeks from today, on furnishing personal bond to the satisfaction of Judicial Magistrate, Chapra, Saran or any other successor court, if any, in connection with Rasulpur P.S. Case No.60 of 2020, subject to the condition as laid down under Section 438(2) of the Cr.P.C.
(Arvind Srivastava, J)
Harish/-
U T
2 issues framed by the court
Whether the petitioner should be granted anticipatory bail given the compromise between parties and absence of criminal antecedents despite prior rejection of bail.
Whether the grant of bail is justified in connection with the allegations under Sections 323, 504, 307, and 34 IPC.
2 provisions across 2 enactments
Narendra Singh
The State of Bihar
Arvind Srivastava
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
