In an anticipatory bail application under Section 438 Cr.P.C., a single judge of the Patna High Court granted bail to two petitioners accused in a local police case involving assault and arson related to a land dispute.
Released on bail in anticipation of arrest within six weeks on furnishing bail bond of Rs. 25,000 each with two sureties.
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.4460 of 2023
Arising Out of PS. Case No.-215 Year-2018 Thana- JHAJHA District- Jamui
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
====================================================== Appearance : For the Petitioner/s : Mr.Satya Prakash Parasar, Adv. For the Opposite Party/s : Mrs.Suman Kumari Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER
2 06-04-2023 Heard the parties.
The petitioners apprehend their arrest in a case registered for the offence punishable u/s 147, 148, 149, 341, 323, 307 and 504 of the IPC.
Allegedly, all the F.I.R. named accused persons including the petitioners armed variously came in front of old house of the informant and objected in the work of measurement and petitioner no.1 gave Baintha blow over head of Kailash Yadav and petitioner no.2 gave spade blow over head of Gopal Yadav.
It is submitted by learned counsel for the petitioners that petitioners are quite innocent and have committed no offence. They have been falsely implicated in this case due to land
Patna High Court CR. MISC. No.4460 of 2023(2) dt.06-04-2023 2/2
dispute. No such occurrence, in the manner as alleged, has ever taken place. It is submitted that after investigation, police has filed final form against the petitioners but the Court below differing with the same, took cognizance against the petitioners. 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, 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 Jhajha P.S. Case No.215 of 2018, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.
(Anjani Kumar Sharan, J)
pallavi/-
U T
3 issues framed by the court
Whether the petitioners should be granted bail in anticipation of arrest in the said criminal case.
Whether there is material prima facie to warrant rejection of the bail application.
Whether the relief of anticipatory bail should be conditioned on the petitioners appearing before the court.
1 provisions across 1 enactments
Ramesh Yadav and others
The State of Bihar
Anjani Kumar Sharan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
