Petitioners accused under Sections 323, 324, 342, 307/34 IPC prayed for bail. Court noted injuries were simple. Directed release on regular bail with bond and sureties subject to appearance conditions.
Petitioners directed to be released on regular bail on bonds of Rs. 10,000/- with two sureties.
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IN THE HIGH COURT OF JHARKHAND AT RANCHI
B. A. No. 1104 of 2019
1.Vikash Manjhi @ Vikash Kumar, S/o Rohin Manjhi
2.Kirti Manjhi @ Kiriti Manjhi, S/o Late Lankeshwar Manjhi
... .. ... Petitioner(s)
Versus
The State of Jharkhand.
.. ... ...Opp. Party
........... CORAM : HON'BLE MR. JUSTICE KAILASH PRASAD DEO
For the Petitioner(s) : Mr. Mukesh Kumar, Advocate Mr. B. B. Sinha, Advocate. For the State : Mr. Anjani Kr. Toppo, Additional Public Prosecutor
03 / 05.04.2019. Heard learned counsel appearing for the petitioners and learned A.P.P. for the State.
The petitioners, who are accused for offence under Sections 323, 324, 342, 307/34 of the Indian Penal Code, pray for regular bail in connection with Pindrajora P.S. Case No. 60 of 2018 .
Learned counsel appearing for the petitioners has submitted that though it is alleged that petitioner No.1 was having iron rod, whereas the petitioner No.2 was having danda and they have assaulted the victim, but injuries have been mentioned in the impugned order showing that victim has sustained five injuries, but all the injuries are simple in nature not fatal to life.
Learned counsel appearing for the petitioners has further submitted that the petitioners have surrendered on 04.01.2019, as such, petitioners may be enlarged on regular bail.
Learned counsel for the State has opposed the prayer for bail and submitted that the case is under Section 307 I.P.C.
Considering the rival submission of the parties and that the petitioners are in custody since 04.01.2019 and the injuries are simple in nature, as such, the petitioners, above-named, are directed to be released on regular bail, on furnishing bail bonds of Rs.10,000/- (Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate 1st Class, Bokaro, in connection with Pindrajora P.S. Case No. 60 of 2018 and subject to the further condition that the petitioner shall appear on each and every date before the learned trial court till conclusion of the trial, failing which, the learned trial court shall cancel the bail bonds of the petitioners.
Sandeep/
(Kailash Prasad Deo, J.)
2 issues framed by the court
Whether the petitioners accused under Section 307 IPC are entitled to regular bail despite serious charges.
Whether the nature of injuries sustained by the victim justifies granting bail in a petty offenses bail case.
1 provisions across 1 enactments
Vikash Manjhi @ Vikash Kumar
Kirti Manjhi @ Kiriti Manjhi
The State of Jharkhand
KAILASH PRASAD DEO
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
