The High Court at Patna granted bail to an elderly petitioner (70 years) falsely implicated in an attempt to murder case (Section 307 IPC) due to enmity, directing surrender through a legitimate surety.
Bail granted on a bond of Rs. 10,000/- with two sureties and compliance with specific conditions including regular court attendance.
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.23238 of 2014
Arising Out of PS.Case No. -11 Year- 2014 Thana -HARNAUT District- NALANDA (BIHARSHARIFF) ====================================================== Ramchandra Sao @ Ganu Sao Son of Bantu Sao Resident of VillagePhalhanwa, P.S. - Harnaut, District - Nalanda. .... .... Petitioner/s Versus The State of Bihar .... .... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Uday Prasad, Adv. For the Opposite Party/s : Mr. Awadhesh Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE AMARESH KUMAR LAL ORAL ORDER 3 02-08-2014 Heard learned counsel for the petitioner and learned A.P.P. for the State.
The petitioner seeks bail in a case registered for the offence punishable under Section 307 and other allied section of IPC and section 27 of the Arms Act .
Allegation against the petitioner is to have instructed his son to kill the relative of the informant. Thereafter, the son of the petitioner shot fire which caused injury to Niraj Kumar.
It is submitted that the petitioner has been falsely implicated in this case due to previous enmity. The daughter-in-law of the petitioner had earlier filed Harnaut P.S. Case No. 6 of 2014 against the informant and others for the offence punishable under Sections 307, 323, 341, 504/34 IPC and section 27 of the Arms
Patna High Court Cr.Misc. No.23238 of 2014 (3) dt.02-08-2014
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Act. The petitioner has no criminal antecedent and he is aged about 70 years.
Considering the facts and circumstances, the above named petitioner is directed to be released on bail on furnishing bail bond of Rs.10,000/- (ten thousand only) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Nalanda at Biharsharif/court concerned in Harnaut P. S. Case No. 11 of 2014 with following conditions:-
(Amaresh Kumar Lal, J)
Kanchan/-
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1 issue framed by the court
Whether the petitioner, aged about 70 years with no criminal antecedent, is eligible for bail in offences under Section 307 IPC and Arms Act.
2 provisions across 2 enactments
Ramchandra Sao @ Ganu Sao
The State of Bihar
Amaresh Kumar Lal
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
