The Patna High Court in an anticipatory bail application granted bail to a petitioner apprehending arrest for offences under IPC 323 and others, contingent upon his arrest or surrender within six weeks and furnishing a bond.
Petitioner granted bail subject to arrest or surrender within six weeks and furnishing a bond.
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.8824 of 2022
Arising Out of PS. Case No.-102 Year-2021 Thana- BAHERA District- Darbhanga
======================================================
ASHOK CHAUDHARY @ ASHOK KUMAR CHAUDHARY SON OF SHILAKANT CHAUDHARY R/O VILLAGE/MOHALLA- IBRAHIM PUR, P.S.- BAHERA, DISTRICT- DARBHANGA
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Kedar Jha, Adv For the Opposite Party/s : Mr. H.A. Khan, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER
2 02-08-2022
Heard learned counsel for the petitioner and learned APP for the State.
Learned counsel for the petitioner undertakes to remove the defects within four weeks of resumption of normal court proceedings. In the eventuality of non-removal of defects within stipulated period, office will place the matter before the Bench.
The petitioner apprehends his arrest in a case registered for the offence punishable under section 341, 323, 379, 307, 504, 506, 34 of the Indian Penal Code.
Allegedly, the co-accused called the informant in his house and complained as to why he has thrown the used plates besides his house. It is alleged that the petitioner
Patna High Court CR. MISC. No.8824 of 2022(2) dt.02-08-2022 2/3
threatened the informant and abused him in filthy languages. The petitioner assaulted the informant by means of farsa with an intention to kill him.
It is submitted by learned counsel for the petitioner that petitioner is quite innocent and has committed no offence. He has been falsely implicated in this case. No such occurrence, in the manner as alleged, has ever taken place. The allegation leveled against the petitioner is not specific rather general and omnibus in nature. There is a case and counter-case between the parties. In the alleged occurrence both sides have sustained injuries and the injuries are grievous in nature. Petitioner has no criminal antecedent.
Learned APP for the State opposed the prayer for anticipatory bail.
Having regard to the facts and circumstances of the case, since the injuries sustained by both sides are grievous in nature, let the petitioner in the event of his arrest or surrender before the learned court below within a period of six weeks from today, 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 Bahera P.S. Case No. 102
Patna High Court CR. MISC. No.8824 of 2022(2) dt.02-08-2022 3/3
of 2021, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.
(Anjani Kumar Sharan, J)
shikha/-
U T
1 issue framed by the court
Whether anticipated bail should be granted wherein the learned criteria are met to restrict further proviso?
1 provisions across 1 enactments
Ashok Chaudhary @ Ashok Kumar Chaudhary
The State of Bihar
Anjani Kumar Sharan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
