Posing an anticipation of arrest in PC Case No. 148 of 2013, the petitioner sought anticipatory bail. The High Court allowed the prayer subject to conditions including a bail bond and surrender within six weeks.
Anticipatory bail granted subject to surrender within six weeks and furnishing a bail bond of Rs. 20,000 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.50706 of 2022
Arising Out of PS. Case No.-148 Year-2013 Thana- KISHUNPUR District- Supaul
======================================================
MD IKBAL @ MOHAMMAD IQUBAL, Son of Md. Gulamnabi @ Md. Gulam, Resident of Village - Belatedha, Ward No.14, P.s.- Kishanpur, Distt.Supaul.
... ... Petitioner/s
Versus
THE STATE OF BIHAR
... ... Opposite Party/s
====================================================== Appearance : For the Petitioner/s : Mr.Arun, Advocate For the Opposite Party/s : Mr.Arun Kumar Singh, APP ======================================================
CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH
ORAL ORDER
2 09-01-2023
Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.
Let the defect (s), if any, as pointed out by the office, be removed within a period of three weeks from today.
The petitioner is apprehending his arrest in connection with Kishanpur P.S. Case No. 148 of 2013 registered for the offences punishable under Sections 147, 148, 149, 341, 323, 324, 379 and 307 of the Indian Penal Code.
As per the prosecution case, allegation against the petitioner is of assaulting the informant with farsa causing cut injury on his head.
Learned counsel for the petitioner has submitted that the petitioner is innocent and has been falsely implicated in this case.
Patna High Court CR. MISC. No.50706 of 2022(2) dt.09-01-2023 2/2
As per the impugned order, the injury on the person of the informant is lacerated wound caused by hard and blunt substance whereas the allegation against the petitioner is of giving farsa blow. The petitioner has one criminal antecedent except the present case as stated in para 3 of the bail petition.
Learned A.P.P. for the State has opposed the prayer for anticipatory bail of the petitioner.
Considering the aforesaid facts and circumstances of the case, let the above named petitioner, in the event of his arrest/ surrender within a period of six weeks from today, be enlarged on anticipatory bail on furnishing bail bond of Rs. 20,000/-(Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate- Ist Class, Supaul in connection with Kishanpur P.S. Case No. 148 of 2013, subject to the condition as laid down under Section 438(2) of the Code of Criminal Procedure.
The application stands allowed.
(Chandra Prakash Singh, J)
Gautam/-
U T
1 issue framed by the court
Whether anticipatory bail should be granted to the petitioner in connection with the instant case.
1 provisions across 1 enactments
Md Ikbal @ Mohammad Iqubal
The State of Bihar
Chandra Prakash Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
