This is an oral order granting regular bail to the petitioner in a criminal case involving multiple charges under the Indian Penal Code. The court noted the petitioner's role was limited to assault on a non-deceased.
Petitioner ordered to be released on bail on furnishing a bond of Rs.10,000/- with two sureties of the 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. 49877 of 2012
====================================================== Kusheshwar Sah, Son of Late Mohan Sah .... .... Petitioner/s Versus The State of Bihar .... .... Opposite Party/s ====================================================== CORAM: HONOURABLE MR. JUSTICE GOPAL PRASAD ORAL ORDER
3 26-04-2013 Heard learned counsel for the petitioner and learned counsel for the State.
This is a petition for grant of regular bail in a case under Sections 147, 148, 149, 447, 341, 323, 324, 307 and 504 of the Indian Penal Code. Subsequently Section 302 of the Indian Penal Code has also been added.
There is general and omnibus allegation of assault against the petitioner on the person of Paltan Sah.
Learned counsel for the petitioner submits that in the case diary the petitioner has not been attributed the role of assaulting the deceased. However, the role attributed to the petitioner of assault on the person of Anita Devi and the injury is simple in nature.
Learned counsel for the State does not controvert this fact.
Hence, having regard to the facts and circumstances of the case, the petitioner above named is ordered to be released
Patna High Court Cr.Misc. No.49877 of 2012 (3) dt.26-04-2013
2
on bail on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Madhepura in connection with Bihariganj P. S. Case No. 108 of 2012, G. R. No. 1497 of 2012.
(Gopal Prasad, J)
Kundan/-
2 issues framed by the court
Whether the petitioner is entitled to regular bail in light of the case facts and circumstances.
The role of the petitioner regarding the deceased and the nature of injuries caused.
2 provisions across 1 enactments
Kusheshwar Sah
The State of Bihar
Gopal Prasad
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
