Champaran v. The State of Bihar
Case at a glance
Outcome
Dismissed
Accordingly, this application is dismissed as
Provisions considered
- Indian Penal Code, 1860 ss. 34, 308, 323, 324, 341, 379, 504, 506
- Code of Criminal Procedure, 1973 s. 438(2)
Judgment
Awadhesh Ray @ Awadhesh Kumar Son Of Ramagya Ray @ Ramagya Prasad Yadav R/V- Dharhari, P.S.- Chhauradano, District- East Champaran
Rakesh Rai @ Rakesh Prasad Yadav Son Of Ramagya Ray @ Ramagya Prasad Yadav R/V- Dharhari, P.S.- Chhauradano, District- East Champaran
Guddu Ray @ Guddu Kumar Son Of Ramagya Rai @ Ramagya Prasad Yadav R/V- Dharhari, P.S.- Chhauradano, District- East Champaran
Suga Devi Wife Of Ramagya Ray @ Ramagya Prasad Yadav R/V- Dharhari, P.S.- Chhauradano, District- East Champaran The State of Bihar Versus ... ... Petitioner/s ... ... Opposite Party/s
Operative part
====================================================== Appearance : For the Petitioner/s : For the Opposite Party/s : ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER Mr.Abhishek Kumar Mr.Umanath Mishra 2 23-01-2023 Learned counsel for the petitioners submits that the petitioner no. 1 has been arrested by the police, therefore, he seeks permission to withdraw this application. Permission is granted. Accordingly, this application is dismissed as withdrawn with regard to petitioner no. 1. Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State for consideration of bail with regard to rest of the petitioners. The petitioners are apprehending their arrest in a case Patna High Court CR. MISC. No.74932 of 2022(2) dt.23-01-2023 registered for the offence punishable under Sections 341, 323, 324, 308, 379, 504, 506, 34 of the Indian Penal Code. Petitioners are said to have assaulted the informant by means of leg, fat and danda and snatched Rs. 10,000/- from his packet. Learned counsel for the petitioners submits that the petitioners are innocent and have been falsely implicated in this case. He submits that there is case and counter case between the parties. He submits that the injury found upon the victim is simple in nature. He submits that there is general and omnibus allegation levelled against the petitioners. He further submits that petitioners have no criminal antecedent as stated in para-3 of this application. Learned APP for the State opposes the prayer for bail. Considering the facts and circumstances of the case, let the above named petitioners in the event of their arrest or surrender before the learned Court below within a period of six weeks from today, be enlarged on bail 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 court below where the case is pending/successor court Patna High Court CR. MISC. No.74932 of 2022(2) dt.23-01-2023 in connection with Chhauradano P.S. Case No. 215 of 2022, subject to the condition as laid down under Section 438 (2) of the Cr.P.C. devendra/- U T (Anjani Kumar Sharan, J)
Questions this judgment answers
What did the Court decide in this case?
The Court recorded the following disposition: Accordingly, this application is dismissed as
Which statutory provisions did this judgment involve?
Indian Penal Code, 1860 — ss. 34, 308, 323, 324, 341, 379, 504, 506; 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.