UPENDRA RAM v. The State of Bihar
Case at a glance
Provisions considered
- Indian Penal Code, 1860 ss. 147, 148, 149, 307, 323, 341, 379, 504, 506
- Code of Criminal Procedure, 1973
Key paragraphs
- Para 66. Considering the aforesaid facts and circumstances, nature of accusation, case and counter-case between the parties and clean antecedents of the petitioners, the prayer for grant of anticipatory bail to the petitioners is allowed.
- Para 77. Accordingly, in the event of arrest/surrender within a period of six weeks from today, let the above named petitioners be enlarged 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…
Judgment
====================================================== Appearance : For the Petitioners For the State ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER Mr. Ajay Kumar Singh, Advocate Mr. Manoj Kumar, APP : : 3 29-07-2024 Heard learned counsels for the parties.
The petitioners apprehend their arrest in a case registered for the offence punishable under Sections 147, 148, 149, 323, 341, 504, 506, 379 and 307 of the Indian Penal Code.
As per prosecution case, on the alleged date and time of occurrence, all the F.I.R. named accused persons, including these petitioners, armed with weapons, came at the door of the informant and abused him. It is further alleged that on the dictates of Petitioner No. 1, Petitioner No. 2 assaulted on the head of informant by means of iron rod and other accused persons assaulted him by means of lathi. Thereafter, when wife Patna High Court CR. MISC. No.43792 of 2024(3) dt.29-07-2024 of informant came to save him, she was also assaulted.
It is submitted by learned counsel appearing on behalf of the petitioners that the present case is counter-blast of Ayar P.S. Case No. 12 of 2024, which was lodged earlier in point of time by co-accused Mithlesh Ram against the informant and others. It is further submitted that the present F.I.R. has been lodged after delay of 6 days, without any explanation for the same. Petitioners claim clean antecedents.
Learned A.P.P. for the State has opposed the prayer for grant of anticipatory bail to the petitioners.
Considering the aforesaid facts and circumstances, nature of accusation, case and counter-case between the parties and clean antecedents of the petitioners, the prayer for grant of anticipatory bail to the petitioners is allowed.
Accordingly, in the event of arrest/surrender within a period of six weeks from today, let the above named petitioners be enlarged 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 learned A.C.J.M. 7th, Bhojpur at Ara, in connection with Ayar P.S. Case No. 15 of 2024, subject to condition as laid down under Section 438(2) of the Patna High Court CR. MISC. No.43792 of 2024(3) dt.29-07-2024 Code of Criminal Procedure. (Prabhat Kumar Singh, J) shashank/- U T
Precedent status how later indexed judgments have treated this case
No known negative treatment found in the Courts & Cases corpus.
This is a result about the indexed corpus, not a finding that the judgment remains good law. Coverage may be incomplete.