The Patna High Court released the petitioners on bail by personal bond in a criminal matter involving multiple offences under the Indian Penal Code, considering a compromise and clean antecedents, subject to conditions under Cr.P.C. Sec. 438(2).
Petitioner nos. 1 & 2 directed to be released on bail by furnishing personal bonds.
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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.54679 of 2022
Arising Out of PS. Case No.-21 Year-2022 Thana- KARAMCHAT District- Kaimur (Bhabua)
======================================================
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
====================================================== Appearance : For the Petitioner/s : Mr. Tribhuwan Narayan, Adv. For the Opposite Party/s : Dr. Indiwar Kumari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ARVIND SRIVASTAVA ORAL ORDER
4 19-01-2023
The application with regard to petitioner no. 3 (Reyaz
@ Md. Reyaz Ahmad) has already been withdrawn vide order dated 12.01.2023.
Heard learned counsel for the petitioner nos. 1 & 2 and learned counsel for the State.
Petitioners apprehend arrest in connection with Karamchat P.S. Case No. 21 of 2022 registered for the offences under Sections 341, 323, 504, 324, 307 and 34 of the Indian Penal Code.
Learned counsel for the petitioners submits that petitioners are innocent and have falsely been implicated in the
Patna High Court CR. MISC. No.54679 of 2022(4) dt.19-01-2023 2/2
instant case due to land dispute. Both parties have compromised the case as is evident from Annexure-3. Petitioners have clean antecedent.
Considering the facts and circumstances of the case and the submissions advanced on behalf of the parties, the petitioner nos. 1 & 2 are directed to be released on bail on furnishing personal bonds to the satisfaction of Additional Chief Judicial Magistrate-III, Kaimur at Bhabua in connection with Karamchat P.S. Case No. 21 of 2022, subject to the conditions as laid down under section 438(2) of the Code of Criminal Procedure.
(Arvind Srivastava, J)
anuradha/-
U T
2 issues framed by the court
Whether petitioners are eligible for release on bail on furnishing personal bonds in connection with multiple criminal offences.
Whether the existence of a compromise between parties is a relevant factor for granting bail.
1 provisions across 1 enactments
Imtiyaz @ Md. Imtiyaz Ahmad
Seraj @ Serajuddin
The State of Bihar
Arvind Srivastava
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
