The Patna High Court granted bail to the petitioner in a criminal connected with assault (Sections 307, 147 IPC etc.) where a compromise was reached between parties and the public prosecutor did not oppose the relief at the bar.
Release on bail with bond of Rs. 10,000 and conditions of presence at trial and impediment districts for defaults.
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.18012 of 2014 (2) dt.03-06-2014
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.18012 of 2014 ====================================================== 1. Dilip Rajak son of Late Biraju Rajak Resident of village - Mashouri Mohalla Nabi Nagar Police Station - Nabi Nagar, District - Aurangabad .... .... Petitioner/s Versus 1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. For the Opposite Party/s : Mr. ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 2 03-06-2014 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State. The petitioner prays for grant of bail in connection with Nabinagar P.S. Case No. 67 of 2013 registered for the offence under Sections 452, 341, 323, 147, 148, 149, 307, 379 of the Indian Penal Code. Allegedly, the petitioner and other co-accused being armed entered into the house of the informant and after abusing the petitioner assaulted on the head of husband of the informant with iron rod and danda which fractured his head, another coaccused also assaulted him with bamboo.
Submission at the bar for release of the petitioner is that now good sense has prevailed between the parties and the case
Patna High Court Cr.Misc. No.18012 of 2014 (2) dt.03-06-2014
has been compromised vide Annexure-4 and as such, the petitioner who is suffering in custody since 09.01.2014 deserves sympathetic consideration as there is no allegation for repeating the blow.
The learned Additional Public Prosecutor does not oppose the prayer of bail.
In the facts and circumstances as stated above, the petitioner, Dilip Rajak is hereby directed to be released on bail on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Aurangabad in connection with Nabinagar P.S. Case No. 67 of 2013 with conditions that one of the bailors must be near relative and the other having sufficient immovable property within the jurisdiction of the trial court and further the petitioner shall remain present during the trial on each and every date and two consecutive defaults without any reasonable cause shall disentitle him from the privilege of bail.
(Jitendra Mohan Sharma, J)
SHAHZAD/-
1 issue framed by the court
Whether the petitioner, detained in custody since 09.01.2014, deserves sympathetic consideration for bail given the compromise between parties and the additional public prosecutor not opposing the pra
Dilip Rajak
State of Bihar
Jitendra Mohan Sharma
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
