HARI KISHORE RAI @ HARI KISHORE PRASAD v. THE STATE OF BIHAR
Case at a glance
Provisions considered
- Indian Penal Code, 1860 ss. 34, 302, 323, 324, 337, 341, 379, 504
- Code of Criminal Procedure, 1973 s. 438(2)
Judgment
Arising Out of PS. Case No.-338 Year-2020 Thana- BASANTPUR District- Siwan ====================================================== SANDEEP KUMAR @ SANDEEP MAHTO @ SANDEEP KUMAR MAHTO SON OF LOHA MAHTO R/O VILL.- JALAPUR, P.S.- LAKRI NABIGANJ O.P., DISTT.- SIWAN The State of Bihar Versus ... ... Petitioner/s ... ... Opposite Party/s ====================================================== Appearance : (In CRIMINAL MISCELLANEOUS No. 11459 of 2023) For the Petitioner/s : For the Opposite Party/s : (In CRIMINAL MISCELLANEOUS No. 13273 of 2023) For the Petitioner/s : For the Opposite Party/s : ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER Mr.Gajendra Kumar Singh, Adv. Mr.Uday Chand Prasad, APP. Mr.Gajendra Kumar Singh, Adv. Mr.Shyameshwar Dayal, APP. 2 11-05-2023 As both these bail applications have cropped up from the same police station case number, hence, with consent of parties, they are being heard together and disposed of by this common order.
Heard learned counsel for the petitioners and learned A.P.P. for the State. Patna High Court CR. MISC. No.11459 of 2023(2) dt.11-05-2023 The petitioners apprehend their arrest in a case registered for the offences punishable under Sections 341, 323, 324, 302, 379, 337 and 504/34 of the Indian Penal Code. Allegedly, after some altercation, petitioners along with other accused persons started abusing the informant. On objection, they assaulted her and her family members. It is submitted by learned counsel for the petitioners that petitioners are quite innocent and have committed no offence. Both the parties are pattidars. No such occurrence as alleged ever took place. Petitioners have been falsely implicated in this case due to ulterior motive. The allegation levelled against the petitioners is not specific rather general and omnibus in nature. There is case and counter case between the parties. It is further submitted that after the investigation, the police has filed the final form against the petitioners but the learned Court below differing from the final form took cognizance against them.
Petitioners have no criminal antecedent as mentioned in para-3 of this application. Learned APP for the State opposed the prayer for bail. Having regard to the facts and circumstances of the case, as the police has filed final form against the petitioners, let the above named petitioners, be released on bail, in the event of Patna High Court CR. MISC. No.11459 of 2023(2) dt.11-05-2023 their 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) each with two sureties of the like amount each to the satisfaction of the learned lower Court where the case is pending/successor Court in connection with Basantpur (LNG) P.S. Case No. 338 of 2020, subject to the condition as laid down under Section 438 (2) of the Cr.P.C. (Anjani Kumar Sharan, J) divyanshi/- U T
Precedent status how later indexed judgments have treated this case
No known negative treatment found in the Courts & Cases corpus.
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