In a criminal miscellaneous application, the Patna High Court granted regular bail to the petitioner, Santosh Kunwar, taken in a case involving offences under Sections 341, 323, and 302/34 of the IPC for alleged assault causing death.
Petitioner enlarged on bail on furnishing bond of Rs. 10,000 with two sureties of like amount each.
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.44546 of 2012 (5) dt.04-04-2013
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.44546 of 2012
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Santosh Kunwar @ Santosh Kuwar, son of Late Tej Narayan Kumar .... .... Petitioner/s Versus The State Of Bihar .... .... Opposite Party/s ====================================================== CORAM: HONOURABLE MR. JUSTICE AKHILESH CHANDRA ORAL ORDER
The State Of Bihar
Heard learned counsel for the petitioner
5 04-04-2013
and learned Additional Public Prosecutor for the State who is armed with carbon copy of the case diary.
Supplementary affidavit has been filed on behalf of the petitioner. Learned counsel for the petitioner is permitted to make necessary correction in para – 2 of the application during course of the day.
This application has been filed for the grant of regular bail to the petitioner who has been made an accused in a case registered for the offences punishable under Sections 341, 323, 302/34 of the Indian Penal Code.
The petitioner is one of the named accused in this case with allegation of giving one blow from a Bamboo on the shoulder of informant’s husband in retaliation of sarcastic remark passed by him, another blow by some weapon appears given by non-petitioner Shashi Ranjan on the head which proves fatal. Further, petitioner carries no criminal
Patna High Court Cr.Misc. No.44546 of 2012 (5) dt.04-04-2013
antecedent.
If, it is so, let the above named petitioner be enlarged on bail on furnishing bail bond of Rs. 10,000/- (ten thousand only) with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, East Champaran, in connection with Keshariya P.S. Case No. 103/2011 , with a condition to remain physically present before the court below on each and every date till disposal of the case, in case of failure on two consecutive dates without giving any reasonable explanation, the liberty granted shall be deemed to be cancelled.
Rajeev/-
(Akhilesh Chandra, J)
2 issues framed by the court
Whether bail should be granted to the petitioner accused in the case.
Whether the petitioner has any criminal antecedents.
1 provisions across 1 enactments
Santosh Kunwar @ Santosh Kuwar
State Of Bihar
Akhilesh Chandra
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
