Single-judge oral order granting pre-arrest bail to the petitioner in a criminal case involving assault, punishable under various IPC sections, subject to bond and sureties under Section 438 Cr.P.C.
Release on pre-arrest bail within four weeks on furnishing Rs. 10,000 bond with two sureties of similar amount.
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.80619 of 2023
Arising Out of PS. Case No.-127 Year-2022 Thana- MAHKAR District- Gaya
======================================================
PANKAJ YADAV @ PANKAJ KUMAR SON OF LATE KAIL YADAV @ KAILU YADAV @ VISHESAR SINGH RESIDENT OF VILLAGE - KASIBIGHA , P.S. NIMCHAK BATHANI, DISTTRICT - GAYA
... ... Petitioner/s
Versus
THE STATE OF BIHAR
... ... Opposite Party/s
====================================================== Appearance : For the Petitioner/s : Mr.Upendra Kumar, Advocate For the Opposite Party/s : Mr.Pawan Kumar Chaurasia, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL ORDER
2 10-01-2024 Heard Mr. Upendra Kumar, learned counsel
appearing on behalf of the petitioner and Mr. Pawan Kumar Chaurasia, learned APP for the State.
Patna High Court CR. MISC. No.80619 of 2023(2) dt.10-01-2024 2/3
role of the petitioner in the alleged incidence, rather the petitioner was invited by both the parties for resolving the dispute. Petitioner resides in other village and in this regard, a specific statement has been made in paragraph no.9 of the bail petition. It is further submitted that similarly situated coaccused, Akhalesh Yadav @ Akhalesh Kumar, Lalu Yadav @ Mukesh Kumar and Soni Devi @ Soni Kumari have been granted bail by a co-ordinate Bench of this Court vide order dated 01.08.2023 passed in Cr. Misc. No.38061 of 2023. Petitioner has clean antecedent.
Patna High Court CR. MISC. No.80619 of 2023(2) dt.10-01-2024 3/3
Mahkar P.S. Case No. 127 of 2022, subject to the conditions as
laid down under Section 438(2) of the Cr.P.C.
(Purnendu Singh, J)
Sanjay/-
U T
2 issues framed by the court
Whether the petitioner is entitled to release on pre-arrest bail given his clean antecedents and the nature of allegations.
What conditions should be imposed for the grant of pre-arrest bail under Section 438 Cr.P.C.
1 provisions across 1 enactments
PANKAJ YADAV
THE STATE OF BIHAR
PURNENDU SINGH
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
