In a criminal miscellaneous petition seeking anticipatory bail regarding an assault case under Sections 341, 323, 307, 379, and 504/34 IPC, the Court granted bail upon surrender within six weeks, subject to a bond and sureties.
Petitioner enlarged on bail upon surrender within six weeks by furnishing bonds of Rs 10,000 and two sureties of like amount.
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 37784 of 2023
Arising Out of PS. Case No.-52 Year-2021 Thana- HATHAURI District- Muzaffarpur
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AWADHESH RAM S/O VINOD RAM R/O Village- Madhepura, PS. Hathauri, Dist.Muzaffarpur
... ... Petitioner/s
Versus
THE STATE OF BIHAR
... ... Opposite Party/s
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Appearance :
For the Petitioner/s : Mr Bhavesh Kumar, Advocate For the Opposite Party/s : Mr Uday Chand Prasad, APP
======================================================
CORAM: HONOURABLE MR JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
3 05-09-2023 Heard learned counsel for the petitioner and the
learned APP.
2 The petitioner apprehends arrest in Hathauri PS Case No 52 of 2021 registered for the offence punishable under Sections 341, 323, 307, 379, 504/34 of Indian Penal Code.
3 As per the prosecution case, the petitioner assaulted the informant with Paghariya on her neck.
4 Learned counsel for the petitioner submits that though the allegation of assault is there on the neck but there is no injury report in support thereof. It is further submitted that the petitioner bears clean antecedent.
5 Learned APP has vehemently opposed the prayer for anticipatory bail.
Patna High Court CR. MISC. No.37784 of 2023(3) dt.05-09-2023 2/2
6 Considering the rival submissions, in the event of arrest/surrender within a period of six weeks from today, the petitioner above named be enlarged on bail on his furnishing bonds of Rs 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of Judicial Magistrate, 01st Class, Muzaffarpur (East) in Hathauri PS Case No 52 of 2021 subject to the conditions as laid down in Section 438 (2) of the Code of Criminal Procedure.
(Prabhat Kumar Singh, J)
M.E.H. /-
U T
2 issues framed by the court
Whether to grant anticipatory bail to the petitioner in a case involving Sections 341, 323, 307, 379, 504/34 IPC subject to conditions.
The conditions to be imposed on the petitioner while enlarging him on bail.
1 provisions across 1 enactments
Awadhesh Ram
The State of Bihar
Prabhat Kumar Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
