In a criminal miscellaneous matter, the Patna High Court allowed regular bail for two petitioners charged with offences under various sections of the IPC, granting release upon furnishing a bail bond and 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.79723 of 2023
Arising Out of PS. Case No.-297 Year-2023 Thana- MIRGANJ District- Gopalganj
======================================================
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
====================================================== Appearance : For the Petitioner/s : Mr. Javed Aslam, Advocate For the Opposite Party/s : Mr. Satyendra Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND MALVIYA
ORAL ORDER
2 08-12-2023
APP for the State.
The petitioners seek regular bail in connection with Mirganj P.S. Case No. 297 of 2023 instituted for the offences punishable under Sections 147, 148, 149, 341, 323, 332, 307, 353, 337, 153(a), 295(a), 427 and 298 of the Indian Penal Code.
As per allegation in the FIR is that at the place of occurrence it was found that some anti-social elements were trying to damage communal harmony by bricks batting on each other community at Line Bazar, Gopalganj.
Learned counsel for the petitioners submits that
Patna High Court CR. MISC. No.79723 of 2023(2) dt.08-12-2023 2/2
petitioners have falsely been implicated in this case. He further submits that there is no specific allegation against the petitioners, petitioners are in judicial custody since 03.08.2023 and they have got clean antecedent.
Learned APP for the State opposes the prayer for bail of the petitioners.
Considering the facts and circumstances of the case as well as the fact that petitioners have got clean antecedent and there is general and omnibus allegation against them, let the petitioners above named be released on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of CJM, Gopalganj in connection with Mirganj P.S. Case No. 297 of 2023.
(Ramesh Chand Malviya, J)
Brajesh Kumar/- U T
1 issue framed by the court
Whether the petitioners are entitled to bail in the present given their clean antecedents.
Bijay Kumar @ Vijay Kumar
Anil Kumar
The State of Bihar
Ramesh Chand Malviya
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
