This single-bench oral order allowed interim bail to petitioners apprehending arrest in PS Case No.42 of 2022, directing removal of report defects within four weeks and authorizing discharge upon furnishing bonds under Section 438 Cr.P.C.
Petitioners released on bail upon furnishing Rs.10,000 bond with two sureties within four weeks of receipt of order.
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.52361 of 2022
Arising Out of PS. Case No.-42 Year-2022 Thana- MALI District- Aurangabad
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Versus
The State of Bihar ... ... Opposite Party/s
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with
CRIMINAL MISCELLANEOUS No. 54012 of 2022
Arising Out of PS. Case No.-42 Year-2022 Thana- MALI District- Aurangabad
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Pramod Kumar @ Pramod Kumar Singh Son Of Nand Kishore Chandravanshi R/O Village- Shori, P.S.- Mali, District- Aurangabad (BIHAR)
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s
====================================================== Appearance : (In CRIMINAL MISCELLANEOUS No. 52361 of 2022) For the Petitioner/s : Mr.Ranjit Kumar, Advocate For the Opposite Party/s : Mr. Jitendra Kumar Singh, APP (In CRIMINAL MISCELLANEOUS No. 54012 of 2022) For the Petitioner/s : Mr.Ranjit Kumar, Advocate For the Opposite Party/s : Mrs.Nirmala Kumari, APP
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CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER
2 13-01-2023 No one appears on call.
Mr. Jitendra Kumar Singh, APP represents in one of
the case namely 52361 of 2022 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 Mali P.S. Case No. 42 of 2022 under sections 147, 149, 341, 323, 324, 325, 307, 504 of the Indian Penal
Patna High Court CR. MISC. No.52361 of 2022(2) dt.13-01-2023 2/2
Code.
As per the prosecution story, the when the informant's uncle Satyendra Narayan Singh was returning, he was intercepted by a host of accused persons from the petitioners' side and further the specific allegation is/are against Vivek Kumar and Alok Kumar of assault. Further omnibus allegation is against other accused persons.
Taking into account the fact that the allegation have been attributed against Vivek Kumar and Alok Kumar and against others, the same is omnibus in nature, 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 Chief Judicial Magistrate, Aurangabad or A.C.J.M.-1st, Aurangabad, in connection with Mali P.S. Case No. 42 of 2022 subject to the conditions as laid down under Section 438(2) of the Cr.P.C.
Ravi/-
U T
2 issues framed by the court
Whether to grant interim bail to petitioners apprehending arrest in a pending criminal case.
Whether bail bond conditions should be framed for release on bail within four weeks.
Ankit Kumar
Rohit Kumar
Sujeet Kumar
Pramod Kumar
The State of Bihar
Rajiv Roy
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
