UTTAM KUMAR DAS v. The State of Bihar
Case at a glance
- Bench
- SUNIL KUMAR PANWAR
Provisions considered
- Indian Penal Code, 1860 ss. 147, 148, 149, 307, 323, 325, 326, 341, 354, 449, 504, 506
- Code of Criminal Procedure, 1973 s. 438(2)
Judgment
====================================================== Appearance : For the Petitioner/s : For the Opposite Party/s : ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR Mr. Rajesh Kumar Sinha, Advocate Mr. Rana Randhir Singh, APP ORAL ORDER 3 10-02-2022 Heard learned counsel for the petitioners and learned APP for the State. Learned counsel for the petitioners is expected to honour his undertaking given in the instant case for depositing the requisite court fee and to remove the defect(s) as pointed out by the office when called upon to do so by the office. The petitioners are apprehending their arrest in a case registered for the offences punishable under Sections 147, 148, 149, 449, 341, 323, 326, 325, 307, 354, 504 and 506 of the Indian Penal Code. It is a case of assault upon the informant and his family members by means of lathi and sword by the accused persons. It is submitted by learned counsel for the petitioners Patna High Court CR. MISC. No.22449 of 2021(3) dt.10-02-2022 that the petitioners have falsely been implicated in this case. He further submits that specific allegation of assault is against co- accused Uday Das. From perusal of the supplementary injury report, it appears that there are four injuries on the person of the informant, namely, Rubi Devi out of them, injury number one is grievous and other injuries are simple in nature. Learned APP appearing for the State has opposed the prayer for anticipatory bail. In the facts and circumstances of the case, let the petitioners, above named in the event of their arrest or surrender before the court below within a period of four weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of Sri M.K.Pandey, Judicial Magistrate, Ist Class, Jamui in connection with Brhat P.S. Case No. 34 of 2020, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. brajesh kumar/- U T (Sunil Kumar Panwar, J)
Precedent status how later indexed judgments have treated this case
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