High Court granted anticipatory bail to petitioners accused of offences under various IPC sections pending trial in the lower court, considering simple injuries and compromise between parties.
Petitioners released on bail against bond of Rs. 25,000 each with two sureties of like amount within six weeks.
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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.3412 of 2023
Arising Out of PS. Case No.-128 Year-2022 Thana- GAMAHARIYA District- Madhepura
Versus
The State of Bihar
... ... Opposite Party/s
====================================================== Appearance : For the Petitioner/s : Mr.Uday Chand Prasad, Adv. For the Opposite Party/s : Mr.Md. Nazir Ansari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER
2 17-03-2023 Heard the parties.
The petitioners apprehend their arrest in a case registered for the offence punishable u/s 341, 323, 324, 307, 379, 384, 504, 506/34 of the IPC.
As per the prosecution case, all the F.I.R. named accused persons including the petitioners encircled the informant and started demanding Rs.2 Lacs as ‘Rangdari’. Thereafter, petitioner no.2 assaulted with sharp edged weapon at the head of informant and petitioner no.1 took out cash of Rs.2500/- from his pocket.
It is submitted by learned counsel for the petitioners that petitioners are quite innocent and have committed no offence.
Patna High Court CR. MISC. No.3412 of 2023(2) dt.17-03-2023 2/2
They have been falsely implicated in this case due to ulterior motive. For the same set of occurrence, there is case and counter-case between the parties and both sides have sustained injury, which are simple in nature. The Doctor found two injuries upon informant on left side frontal region measuring 2” x 1” x skin deep and parietal region, measuring 3” x 1” x skin deep. It is further submitted that there is compromise between the parties. Petitioners have no criminal antecedent.
Learned APP for the State opposed the prayer for bail.
Having regard to the facts and circumstances of the case, since the injuries are simple in nature, let the above named petitioners, be released on bail, in the event of their 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) each 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 Gamhariya P.S. Case No.128 of 2022, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.
(Anjani Kumar Sharan, J)
pallavi/-
U T
2 issues framed by the court
Whether petitioners accused of offences under IPC 341, 323, 324, 307, 379, 384, 504, 506 be granted anticipatory bail given the compromise between parties and simple nature of injuries.
Whether the court can release petitioners on bail pending the trial in the cases pending before the lower court.
1 provisions across 1 enactments
Nandan Kumar
Chandan Kumar
The State of Bihar
Anjani Kumar Sharan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
