This is an oral order under Cr. Misc. No. 5636 of 2020 regarding a complaint under various IPC sections. The court granted anticipatory bail to the petitioner subject to conditions and a bond.
Petitioner released on bail on furnishing a bond of Rs. 25,000 with two sureties within six weeks of arrest/surrender.
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.5636 of 2020
Arising Out of PS. Case No.-406 Year-2017 Thana- COMPLAINT CASE District- Banka
======================================================
MANO YADAV Son of Keshar Yadav Resident of Village- Palaniya, P.S.Jaipur, Distt- Banka.
... ... Petitioner/s
... ... Opposite Party/s
====================================================== Appearance : For the Petitioner/s : Mr.Brij Nandad Prasad For the Opposite Party/s : Mr.Mohammed Arif ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER
4 17-02-2023
Heard the parties.
The petitioner apprehend his arrest in a case registered for the offence punishable under Sections 365, 376, 341,323, 504, 506/34 of the Indian Penal Code.
It is submitted by learned counsel for the petitioner that petitioner is quite innocent and have committed no offence. He has been falsely implicated in this case. No such occurrence, in the manner as alleged, has ever taken place. The allegation levelled against the petitioner is not specific rather general and omnibus in nature. There is no specific overt act against the petitioner. He submits that the complainant has filed the present case u/s 365, 376, 341, 323, 504, 506/34 of IPC but the
Patna High Court CR. MISC. No.5636 of 2020(4) dt.17-02-2023 2/2
cognizance has been taken only u/s 365 of IPC. He further submits that similarly situated co-accused persons have been granted bail by a co-ordinate Bench of this Court vide order dated 21.10.2021 passed in Cr. Misc. No.8327 of 2020. Petitioner has no criminal antecedent.
Learned APP for the State opposed the prayer for anticipatory bail.
Having regard to the facts and circumstances of the case, let the above named petitioner, be released on bail, in the event of his/her arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/Successor Court in connection with Complaint Case No.406 of 2017, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.
(Anjani Kumar Sharan, J)
shikha/-
U T
2 issues framed by the court
Whether the petitioner is entitled to anticipatory bail in the present compounding case.
Whether the petitioner has clean antecedents for granting bail.
1 provisions across 1 enactments
MANO YADAV
THE STATE OF BIHAR
Savita Devi
ANJANI KUMAR SHARAN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
