In a bail petition by Jitendra Bhagat charged under various IPC sections for assault resulting in death, the Patna High Court granted bail on ₹10,000 despite initial rejection, citing antecedents, custody duration, and co-accused release.
Petitioner released on bail on furnishing bonds of Rs. 10,000 with two sureties of like amount.
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.
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.41397 of 2012
| ====================================================== Jitendra Bhagat, S/o Late Jamun Bhagar, resident of village-Ganesh Sirsiyan, P.S. Chakiya, District-East Champaran .... .... Petitioner/s Versus The State of Bihar .... .... Opposite Party/s ====================================================== |
|
|---|---|
| 02. | CORAM: HONOURABLE MR. JUSTICE JYOTI SARAN ORAL ORDER 17-10-2012 Heard the parties. |
| The petitioner is in custody in connection with Chakiya P.S. | |
| Case No. 128 of 2011 for offence punishable under Sections 341, | |
| 323, 504, 307/34 of the Indian Penal Code and subsequently | |
| Section 302 was added upon the death of the informant. | |
| The petitioner alongwith another co-accused has been | |
| charged with assault on the informant who deceased during the | |
| course of treatment. Considering the circumstances the prayer of | |
| the petitioner was rejected by order dated 31.01.2012 passed in | |
| Criminal Misc. No. 42279 of 2011. |
Learned counsel for the petitioner has submitted that the petitioner has a clean antecedent and that the death occurred during the course of treatment after one month and that two persons have been charged with assault on the informant. It is stated that in the circumstances the petitioner remained in custody since 16.07.2011 and that the other co-accused has since been
Patna High Court Cr.Misc. No.41397 of 2012 (2) dt.17-10-2012
2
released on bail.
Considering the circumstances and the period of custody, let the petitioner Jitendra Bhagat be released on bail on furnishing bail bonds of Rs. 10,000/- (rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned VIth Additional Sessions Judge, Motihari, East Champaran in connection with Sessions Trial No. 105 of 2012 arising from Chakiya P.S. Case No. 128 of 2011.
(Jyoti Saran, J)
S.Sb/-
1 issue framed by the court
Whether the petitioner should be released on bail considering the period of custody and co-accused release.
Jitendra Bhagat
State of Bihar
Jyoti Saran
As recorded by the court registry
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