Justice Aditya Kumar Trivedi granted bail to the petitioner in a criminal matter involving alleged assault, directing release on a bond of Rs. 10,000 with two sureties.
Petitioner to be released on bail on furnishing a bond of Rs. 10,000 with two sureties of the like amount.
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IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.25232 of 2014
Arising Out of PS. Case No. -25 Year- 2014 Thana -IMAMGANJ District- GAYA
====================================================== ANIL THAKUR, SON OF LATE BILAS THAKUR RESIDENT OF VILLAGE-KUJESHER TOLA, JALEYA, P.S.-IMAMGANJ, DISTRICTGAYA.
.... .... PETITIONER/S VERSUS THE STATE OF BIHAR .... .... OPPOSITE PARTY/S ====================================================== Appearance: For the Petitioner/s : Mr. Shivendra Prasad, Adv. For the State : Mr. Madan Kr., Addl. P.P. Incharge ======================================================
CORAM: HONOURABLE MR. JUSTICE ADITYA KUMAR TRIVEDI ORAL ORDER
2 25-08-2014 Supplementary affidavit has been filed on behalf of petitioner. Taken on record.
Heard learned counsel for the petitioner as well as learned Additional Public Prosecutor.
On the event of cutting of tree Anil Thakur (petitioner) gave axe blow over head of informant Ajay Sao. Sunil Thakur took out pistol on seeking the villagers, concealed it, Gautam Kumar has assaulted him with lathi while Dharmendra Kumar has also assaulted. They also abused.
It has been submitted on behalf of petitioner that from the order impugned, it is apparent
Patna High Court Cr.Misc. No.25232 of 2014 (2) dt.25-08-2014 2
that victim had sustained four lacerated wound virtually superficial in nature having depth of 1/3’ simple in nature, but the aforesaid injuries did not support the case of the prosecution because of the fact that axe happens to be a sharp cutting weapon and in case would have been used, certainly had caused sharp cut injury or sharp pointed injury and not the lacerated wound which happens to be an outcome of blunt weapon. Furthermore, it has also been submitted that in the fardbeyan itself there happens to be absence of repetition of blow while the injury report suggest all the injuries having over the head. It has also been submitted that apart from petitioner, Gautam Kumar had also been alleged to have given ‘lathi’ blow and on account thereof, presence of lacerated wound must have been in the aforesaid background. It has also been submitted that petitioner happens to be under custody since 30.03.2013.
On the other hand, the learned Additional Public Prosecutor opposed the prayer and submitted that manner whereunder assault was made clearly indicate application of Section 307 of the IPC.
Patna High Court Cr.Misc. No.25232 of 2014 (2) dt.25-08-2014
3
As such, petitioner Anil Thakur is 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 N. Kumar, Judicial Magistrate, 1st Class, Sherghati, Gaya / successor in office in connection with Imamganj P.S. Case No.25 of 2014.
(Aditya Kumar Trivedi, J.)
PN/-
U T
1 issue framed by the court
Whether the petitioner is eligible for bail in a case involving alleged assault.
Aril Thakur
The State of Bihar
Aditya Kumar Trivedi
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
