The Patna High Court allowed bail to the petitioner in an FIR under IPC sections 324, 307, 379, 34 and Section 27 of the Arms Act, conditioned on furnishing sureties and cooperating with the trial.
Release on bail by furnishing one bond of Rs. 10,000 and 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. 11775 of 2014
| Arising Out of PS.Case No. -74 Year- 2013 Thana -KHARIK District- BHAGALPUR |
|---|
| ====================================================== Praveen Yadav @ Sarbin Yadav @ Parveen Yadav Son of Nage Yadav @ Nageshwar Yadav, Resident of Village-Bhawanpura at Present Kharik Station, P.S.- Kharik, District- Bhagalpur. .... .... Petitioner Versus |
| The State of Bihar. .... .... Opposite Party ====================================================== Appearance : For the Petitioner : Mr. For the Opposite Party : Mr. ====================================================== |
| CORAM: HONOURABLE MR. JUSTICE AHSANUDDIN AMANULLAH ORAL ORDER |
| 3. 14-07-2014 Heard learned counsel for the petitioner and |
| learned A.P.P. for the State. |
The petitioner seeks bail in Kharik P.S. Case No. 74 of 2013 dated 08.06.2013 instituted for offence punishable under Sections 324/307/379/34 of the Indian Penal Code and 27 of the Arms Act.
Learned counsel for the petitioner submits that though he is alleged to have fired on the cheek of the informant but as per the injury report, no such injury has been found and rather the injury report shows Hepatitis-B which does not corroborate the prosecution story. Learned counsel submits that the petitioner has clean antecedent and is in custody since 21.10.2013. Learned counsel has also produced web copy of order dated 11.03.2014 passed in Cr. Misc. No. 47743 of 2013 by which a similarly situated co-
Patna High Court Cr.Misc. No.11775 of 2014 (3) dt.14-07-2014
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accused, Rohit Yadav has been granted anticipatory bail by a co-ordinate Bench of this Court, who is alleged to have fired on the right side of the face of the informant. Let the same be kept on record.
Considering the facts and circumstances of the case and submissions of learned counsels for the parties, let the petitioner be released on bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned A.C.J.M., Naugachia, Bhagalpur in Kharik P.S. Case No. 74 of 2013. The petitioner shall cooperate in the trial and be present before the Court on each and every date. Failure to do so on two consecutive dates, without sufficient cause, shall lead to cancellation of his bail bonds.
(Ahsanuddin Amanullah, J.)
Anand Kr.
U
2 issues framed by the court
Whether the petitioner is entitled to release on bail in the instant proceedings.
Whether the discrepancies in the injury report and antecedents warrant release on bail.
2 provisions across 2 enactments
Praveen Yadav
The State of Bihar
AHSANUDDIN AMANULLAH
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
