This is an oral order granting anticipatory bail to the petitioner in a criminal case involving IPC offences. The court observed clean antecedents and ordered bail subject to specific conditions and sureties.
Petitioner enlarged on bail on furnishing bond of Rs 10,000 with two sureties to 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.1988 of 2023
Arising Out of PS. Case No.-217 Year-2022 Thana- MAHNAR District- Vaishali
======================================================
CHANDAN KUMAR Son of Jawahar Rai R/V- Sarmstpur, P.S- Mahnar DistVaishali
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
====================================================== Appearance : For the Petitioner/s : Mr.Ashok Kumar Sinha For the Opposite Party/s : Mr.Md. Ataur Rahman ======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER
2 27-03-2023 Heard learned counsel for the parties.
The petitioner apprehends his arrest in a case registered for the offence under Sections 323, 324, 307, 354, 34 of the Indian Penal Code.
As per the prosecution case, on the alleged date of occurrence, this petitioner tried to molest daughter of the informant and when informant & others went to complain his father, all the accused persons assaulted informant and her daughter.
It is submitted on behalf of petitioner that there is case and counter case. As a matter of fact, on the alleged date of occurrence, the informant and her family members were forcibly plucking jack-fruit from the tree standing on the land of petitioner’s side, which was objected by the petitioner and
Patna High Court CR. MISC. No.1988 of 2023(2) dt.27-03-2023 2/2
others and due to that reason, a simple Maarpit took place between the parties. Injury is simple in nature. Both parties are gotiyas and there is no specific overt act against this petitioner. Petitioner has got clean antecedent.
Learned A.P.P. for the State has opposed the prayer for anticipatory bail.
Considering the backdrop of the matter in which the alleged incident took place coupled with the fact that petitioner has got clean antecedent, in the event of arrest/surrender within a period of six weeks from today, let the above named petitioner be enlarged on bail on furnishing bail-bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned C.J.M., Vaishali at Hajipur in connection with Mahanar P.S. Case No. 217 of 2022, subject to condition as laid down under Section 438(2) of the Code of Criminal Procedure.
(Prabhat Kumar Singh, J)
anay/-
U T
1 issue framed by the court
Whether the petitioner is entitled to anticipatory bail in a case involving offences under the Indian Penal Code given clean antecedents and a dispute over property.
1 provisions across 1 enactments
Chandan Kumar
The State of Bihar
Prabhat Kumar Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
