High Court of Patna granted bail to two petitioners arrested under SC/ST Act and IPC in a land dispute involving assault, directing furnishing of a bond and ensuring witness presence.
Release on bail on furnishing bond of Rs. 10,000 each with two sureties, subject to appearing on dates and not intimidating witnesses.
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.33652 of 2012 (2) dt.05-09-2012
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.33652 of 2012 ====================================================== 1. Ashok Kumar Kushwaha . 2. Ajay Kumar Kushwaha, both are sons of Ramsewak Kushwaha, both are residents of Village- Lawkushpur, Police Station- Chapra Muffasil, District- Saran at Chapra. .... .... Petitioners. Versus The State of Bihar .... .... Opposite Party. ====================================================== Appearance : For the Petitioner/s : Mr. For the Opposite Party/s : Mr. ====================================================== CORAM: HONOURABLE MR. JUSTICE GOPAL PRASAD ORAL ORDER 2 05-09-2012 Heard learned counsel for the petitioners and learned counsel for the State. The petitioners have been arrested in connection with Chapra Muffasil P.S. Case No. 86 of 2012, registered under Section 341 and other allied Sections of the Indian Penal Code and Section 3(1)(x) of S.C. and S.T. Act. There is allegation of assault against these petitioners who assaulted to the son of informant by lathi. Further assaulted by knife blow to the informant causing injury on left rib as well as left arm and calling the caste name and demolishing the hut. From the F.I.R. itself it appears that there is land dispute between the parties. It is also submitted that case has been lodged for offence under Section 302 I.P.C. and petitioners are in custody since 30. 06. 2012.
Patna High Court Cr.Misc. No.33652 of 2012 (2) dt.05-09-2012
Having regard to the facts and circumstances of the case, the above named petitioners are directed to be released 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 the Chief Judicial Magistrate, Saran at Chapra, in connection with Chapra Muffasil P.S. Case No. 86 of 2012, subject to conditions that petitioners shall appear on each and every date fixed in this case and neither enticed the witnesses nor intimidate the witnesses and any absence of two consecutive dates shall be ground for cancellation of bail bonds of the petitioners.
m.p.
(Gopal Prasad, J)
1 issue framed by the court
Whether to grant bail to petitioners arrested in a case involving assault under SC/ST Act and IPC Section 341 and others.
Ashok Kumar Kushwaha
Ajay Kumar Kushwaha
The State of Bihar
Gopal Prasad
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
