The Patna High Court granted regular bail to thirteen petitioners accused of lathi assault and affray. Bail was ordered on furnishing sureties to the Chief Judicial Magistrate, subject to appearance conditions.
Release of petitioners on bail by furnishing bond of Rs.10,000 each with two sureties to the Chief Judicial Magistrate.
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.47521 of 2012 (2) dt.17-01-2013
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No. 47521 of 2012
====================================================== 1. Murahu Yadav, Son of Bal Kishun Yadav 2. Devendra Yadav @ Pintu Yadav, Son of Ram Lakhan Yadav 3. Ram Lakhan Yadav, Son of Bal Kishun Yadav All are Resident of Village - Hansreon, P.S.- Chand, DistrictKaimur (Bhabua) .... .... Petitioner/s Versus 1. The State of Bihar .... .... Opposite Party/s ======================================================
CORAM: HONOURABLE MR. JUSTICE GOPAL PRASAD ORAL ORDER
2 17-01-2013 Heard learned counsel for the petitioners and learned counsel for the State.
This is a petition for grant of regular bail in a case under Sections 147, 148, 149, 307, 323, 325, 504 and 302 of the Indian Penal Code.
There is general and omnibus allegation that thirteen persons assaulted the informant’s husband by lathi.
From the impugned order, it is apparent that though there is allegation of assault by thirteen persons but the deceased sustained only eight injuries.
Learned counsel for the petitioners submits that the other co-accused, namely, Wakil Yadav, Ram Jee Yadav, Ganesh Yadav, Sundar Yadav and Hoshila Yadav having similar allegation have been granted bail by a Bench of this
Patna High Court Cr.Misc. No.47521 of 2012 (2) dt.17-01-2013
Court vide orders dated 02.01.2013, 11.12.2012 and 10.12.2012 passed in Cr. Misc. Nos. 50760, 43786 and 48717 of 2012.
of 2012.
Hence, having regard to the facts and circumstances of the case, the petitioners above named are ordered 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 learned Chief Judicial Magistrate, Kaimur (Bhahua) in connection with Chand P. S. Case No. 48 of 2012, subject to the condition that the petitioners shall appear in the case on each and every date fixed by the learned court below and any absence of the petitioners shall be subject to the satisfaction of the learned court below on reasonable grounds.
(Gopal Prasad, J.)
Kundan/-
1 issue framed by the court
Whether the petitioners are entitled to regular bail in the instant case?
1 provisions across 1 enactments
Murahu Yadav and others
The State of Bihar
Gopal Prasad
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
