Shailesh Ram v. The State Of Bihar
Case brief
What is this about?
In this criminal miscellaneous matter, the Patna High Court considered a bail application by a petitioner arrested in a case involving sections 323 and 302 IPC. The court rejected the bail prayer as the direct allegation of assault warranted the denial.
What the court decided
A compact analysis
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
Patna High Court Cr.Misc. No.27910 of 2012 (4) dt.17-09-2012
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.27910 of 2012
====================================================== Shailesh Ram, S/o Mohan Ram, R/o Village- Jhakharaha Ke Tola, P.S. Manjhi, District- Saran at Chapra.
.... .... Petitioner. Versus The State of Bihar .... .... Opposite Party. CORAM: HONOURABLE MR. JUSTICE GOPAL PRASAD ORAL ORDER 4 17-09-2012 Heard learned counsel for the petitioner and learned counsel for the State. The petitioner has been arrested in connection with Manjhi P.S. Case No. 96 of 2011, registered under Sections 323 and other allied Sections of the Indian Penal Code, subsequently Section 302 I.P.C. is added.
There is direction allegation against this petitioner who has assault by Farsa on the head of the informant. However, the case was instituted under Section 307 I.P.C. but subsequently Section 302 I.P.C. is added. Injury reports of the victim shows facture on right parietal bone.
Learned counsel for the petitioner submits that this is case of case and counter case and both sides have injured and charge sheet has been submitted under Section 307 I.P.C.
Having regard to the facts and circumstances of the case, there is direct allegation of assault by this petitioner, hence I am not inclined to grant bail to this petitioner at this stage. Hence his prayer for bail is hereby rejected.
Issues for consideration
1 issue framed by the court
Whether the petitioner is entitled to bail in the undermentioned facts and circumstances of the case
Parties & counsel
- petitioner
Shailesh Ram
- respondent
The State of Bihar
Coram
Gopal Prasad
Case details
As recorded by the court registry
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