The Patna High Court granted anticipatory bail to three petitioners in an offence under the IPC. The court directed release within six weeks if arrest occurs, subject to bond conditions and Section 438(2) requirements.
Petitioners to be released on anticipatory bail if arrested within six weeks, on 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.5119 of 2023
Arising Out of PS. Case No.-217 Year-2022 Thana- MAHNAR District- Vaishali
... ... Petitioner/s
Versus The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Ashok Kumar Sinha For the Opposite Party/s : Mr. Md. Ataur Rahman ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER
2 05-05-2023
Heard learned counsel for the petitioners and learned
APP for the State.
The petitioners are apprehending their arrest in a case registered for the offence punishable under Sections 341, 323, 324, 307 and 354/34 of the Indian Penal Code pending in the learned court below.
As per the prosecution case, on the alleged date of occurrence, all the accused persons assaulted the informant and her daughter.
Learned counsel for the petitioners submits that the petitioners are innocent and have been falsely implicated in this
Patna High Court CR. MISC. No.5119 of 2023(2) dt.05-05-2023 2/2
case. He further submits that there is general and omnibus allegation against the petitioners. He submits that there is no specific overt act against the petitioners. He further submits that similarly situated other co-accused person has already been granted bail by a bench of this Court vide order dated 27.03.2023 passed in Cr. Misc. No. 1988/2023. He further submits that petitioners have got no criminal antecedent as stated in para-3 of the bail application.
Learned APP for the State opposes for prayer for bail. Considering the aforesaid facts and circumstances, let the petitioners, named above, in the event of their arrest/surrender before the learned court below within a period of six weeks from today, be released on anticipatory bail, on furnishing bail bonds of Rs.25,000/- (Rupees Twenty Five Thousand) each with two sureties of the like amount to the satisfaction of the learned Court below, where the case is pending/Successor court, in connection with Manahar P.S. Case No.217/2022, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.
(Anjani Kumar Sharan, J)
ajay/-
U T
2 issues framed by the court
Whether the petitioners are entitled to anticipatory bail under Section 438 Cr.P.C.
Whether general and omnibus allegations amount to specific overt acts justifying arrest.
1 provisions across 1 enactments
Geeta Devi
Kiran Devi
Shiva Rai
The State Of Bihar
Anjani Kumar Sharan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
