An oral order granting anticipatory bail to petitioners facing charges under Sections 385, 427/34 IPC and Section 27 Arms Act, conditional upon a personal bond and a 4-week window to surrender.
Released on bail on personal bond in connection with case No.312 of 2020, to surrender within 4 weeks.
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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.37183 of 2022
Arising Out of PS. Case No.-312 Year-2020 Thana- GAUTAMBUDHNAGAR DistrictSiwan
======================================================
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Ajay Kumar Tiwary For the Opposite Party/s : Mr. Mohammad Sufyan
======================================================
CORAM: HONOURABLE MR. JUSTICE ARVIND SRIVASTAVA ORAL ORDER
6 23-01-2023
learned A.P.P. for the State.
The petitioners apprehend arrest in connection with G.B. Nagar P.S. Case No. 312 of 2020 registered under Sections 385, 427/34 of the Indian Penal Code and Section 27 of the Arms Act.
Learned counsel appearing on behalf of the petitioners submits that petitioners are innocent and have falsely been implicated in the present case due to previous enmity. Further he submits that from perusal of the first information report, it appears that prior to this occurrence, the informant also
Patna High Court CR. MISC. No.37183 of 2022(6) dt.24-01-2023 2/2
made allegation against the petitioners about extortion of money and threatening to kill the informant, but at that time, no F.I.R. was lodged by the informant. Further he submits that petitioners have no criminal antecedent.
Having considered the facts and circumstances of the case, let the above named petitioners 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 the Judicial Magistrate, 1st Class, Siwan in connection with G.B. Nagar P.S. Case No. 312 of 2020, subject to the condition as laid down under Section 438(2) of the Cr. P.C.
(Arvind Srivastava, J)
shailendra/-
U T
1 issue framed by the court
Whether the petitioners are eligible for release on anticipatory bail in connection with FIRs under Sections 385, 427/34 IPC and Section 27 Arms Act.
1 provisions across 1 enactments
Vijay Chaudhari @ Vijay Kumar
Nepali @ Shailendra Chaudhary @ Shailendra Kumar
The State of Bihar
Arvind Srivastava
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
