Patna HC granted anticipatory bail to petitioners apprehending arrest in Pothiya P.S. Case No. 30 of 2017 for various IPC offences, directing removal of defects within four weeks and release upon surrender on bond with two sureties.
Bail granted upon surrender within four weeks with bond of Rs.10,000 and two sureties to SDJM, Kishanganj.
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.52275 of 2022
Arising Out of PS. Case No.-30 Year-2017 Thana- POTHIYA District- Kishanganj
======================================================
... ... Petitioner/s
Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr.Sunil Kumar, Advocate For the Opposite Party/s : Mr.Rajiv Nayan, APP ======================================================
CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
ORAL ORDER
Heard learned counsel for the petitioners and learned
APP for the State in Virtual Court Proceeding.
Let the defect(s), if any, as pointed out by the office, be removed within four weeks.
The petitioners are apprehending arrest in connection with Pothiya P.S. Case No. 30 of 2017 under sections 147, 148, 149, 452, 341, 332, 333, 307, 353, 186, 379, 436, 427, 120B of the Indian Penal Code and 3/4 of Prevention of Damage of Public Property Act, 1984.
As per the prosecution story, Raju Hansda and Dilip Harijan were caught in intoxicated condition and sent to medical examination. During medical examination, Raju Hansda tried to escape and jumped the wall of the hospital. He was injured and taken for treatment. Upon knowledge, 300-400 people entered the police station, created ruckus and also
Patna High Court CR. MISC. No.52275 of 2022(2) dt.13-01-2023 2/2
assaulted some of the police officials.
From perusal of the petition, it shows that omnibus allegation has been made against most of the persons and further some of the similar situate accused persons have since been granted relief by a coordinate bench of this Court in Cr. Misc. No. 40997 of 2020 as also Cr. Misc. No. 2320 of 2022 and the petitioners do not have any criminal antecedents.
Taking into account the aforesaid facts, this Court is inclined to grant them relief.
Let the petitioners be released on bail, in the event of their arrest or surrender within a period of four weeks from the receipt of this order, on furnishing bail bond of Rs. 10,000/(Ten thousand) each with two sureties of like amount each to the satisfaction of learned Sub-Divisional Judicial Magistrate, Kishanganj, in connection with Pothiya P.S. Case No. 30 of 2017 subject to the conditions as laid down under Section 438(2) of the Cr.P.C.
(Rajiv Roy, J)
Ravi/-
U T
3 issues framed by the court
Whether bail should be granted to the petitioners apprehending arrest in connection with a criminal case involving serious offences.
Whether the conditions for anticipatory bail, including bond and sureties, are applicable in this instance.
Whether compassionate considerations like lack of criminal antecedents and grant of relief to coordinate accused justify the order.
3 provisions across 3 enactments
Amar Nath Saha
Prem Saha
The State of Bihar
Rajiv Roy
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
