Diwakar Prasad @ Diwakar Prasad Singh @ Divakar Prasad Singh v. The State Of Bihar
Case at a glance
Outcome
Allowed
This application stands allowed
Provisions considered
- Indian Penal Code, 1860 ss. 34, 307, 323, 341, 342
- Code of Criminal Procedure, 1973 s. 438(2)
Key paragraphs
- Para 11. The court below shall verify the criminal Patna High Court CR. MISC. No.2318 of 2021(4) dt.13-02-2023 antecedent of the petitioners and at any stage, if it is found that the petitioners have concealed their criminal antecedent, the court below shall take step for cancellation…
Judgment
====================================================== Appearance : For the Petitioner/s : For the Opposite Party/s : ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH Mr.Pankaj Kumar Mr.A.G. ORAL ORDER 4 13-02-2023 Learned counsel for the petitioners is permitted to remove the defect(s), as pointed out by the office, if any, within a period of three weeks from today. Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State. The petitioners are apprehending their arrest in a case registered for the offences punishable u/s 341, 342, 323 and 307 read with 34 of the Indian Penal Code. As per prosecution case, the allegations against the petitioners are of abusing and assaulting the son of the informant. Patna High Court CR. MISC. No.2318 of 2021(4) dt.13-02-2023 Learned counsel for the petitioners has submitted that the petitioners have falsely been implicated in this case. The petitioners have no criminal antecedent as stated in para 3 of the bail petition. There is case and counter case between the parties. Learned counsel further submitted that injury No. 1 is on non- vital part of the body whereas injury No. 2 and 3 does not show the proper dimension of the said injury. The doctor has not opined about the nature of injuries. The injury No. 4 is swelling and the injury No. 5 shows unconsciousness. Learned A.P.P. for the State has vehemently opposed the prayer of anticipatory bail of the petitioners. Considering the aforesaid facts and circumstances of the case as well as the nature of allegation, let the above named petitioners, in the event of their arrest/surrender within a period of six weeks from today, be enlarged on anticipatory bail on furnishing bail-bond of Rs. 20,000/- (Rupees Twenty thousand) each with two sureties of the like amount each to the satisfaction of learned court concerned, Sheikhpura in connection with Sheikhpura P.S. Case No. 254 of 2020, subject to conditions as laid down under Section 438(2) of the Code of Criminal Procedure, with a condition:-
Operative part
The court below shall verify the criminal Patna High Court CR. MISC. No.2318 of 2021(4) dt.13-02-2023 antecedent of the petitioners and at any stage, if it is found that the petitioners have concealed their criminal antecedent, the court below shall take step for cancellation of bail bond of the petitioners. However, the acceptance of bail bonds in terms of the above-mentioned order shall not be delayed for purpose of or in the name of verification. This application stands allowed. (Chandra Prakash Singh, J) atul/- U T
Questions this judgment answers
What did the Court decide in this case?
The Court recorded the following disposition: This application stands allowed
Which statutory provisions did this judgment involve?
Indian Penal Code, 1860 — ss. 34, 307, 323, 341, 342; Code of Criminal Procedure, 1973 — s. 438(2).
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.