The High Court at Patna granted bail to the petitioner in a criminal case involving offences under Sections 307 and other IPC provisions. The court held that no specific role was assigned to the petitioner and released him on bonds.
Bail granted to the petitioner on furnishing bonds of Rs. 10,000 with two sureties of similar 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. 17818 of 2014
Arising Out of PS.Case No. -274 Year- 2013 Thana -BARAULI District- GOPALGANJ ====================================================== Chandrika Yadav Son of Late Ram Surat Yadav Resident of VillagePiparahiyan, P.S- Barauli, District- Gopalganj. .... .... Petitioner Versus The State of Bihar .... .... Opposite Party ====================================================== Appearance : For the Petitioner : Mr. Javed Aslam, Advocate. For the Informant : Mr. Ghulam Rabbani, Advocate. ====================================================== CORAM: HONOURABLE MR. JUSTICE AHSANUDDIN AMANULLAH ORAL ORDER 5. 03-07-2014 Heard learned counsel for the petitioner, learned A.P.P. for the State and Mr. Ghulam Rabbani, learned counsel for the informant, who has suo motu appeared. The petitioner seeks bail in Barauli P.S. Case No. 274 of 2013 dated 12.11.2013 instituted for offence punishable under Sections 341/147/148/149/323/307/504 of the Indian Penal Code in which lateron Section 302 of the Indian Penal Code is also added. Learned counsel for the petitioner submits that neither in the F.I.R. nor during investigation any material has come or any witness has stated with regard to the petitioner assaulting the deceased. It is submitted that only in the F.I.R. it has been stated that the petitioner was also present there. Learned counsel submits that the petitioner has clean antecedent aged about 80 years and is in custody since 04.03.2014.
Patna High Court Cr.Misc. No.17818 of 2014 (5) dt.03-07-2014
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Learned A.P.P., upon going through the case diary (called for in Cr. Misc. No. 11451 of 2014 and the present case being heard analogous), as well as learned counsel for the informant, do not dispute the fact that no specific role has been assigned to the petitioner.
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 Chief Judicial Magistrate, Gopalganj in Barauli P.S. Case No. 274 of 2013. The petitioner shall cooperate in the trial and shall be present on each and every date fixed in the case. 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 bail in an offence involving lathi charge, conspiracy, and attempt to murder under Sections 341/147/148/149/307 IPC where no specific role is assigned.
Whether the petitioner's clean antecedents and age make him fit for release on bail.
2 provisions across 1 enactments
Chandrika Yadav
The State of Bihar
Ahsanuddin Amanullah
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
