In a bail application arising from an FIR registered for offences under the Indian Penal Code, the Patna High Court directed the release of petitioners on bail on furnishing a bond of Rs. 10,000 each with two sureties.
Petitioners directed to be released on bail on furnishing a bond of Rs. 10,000 each with two sureties of the like amount each.
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IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.27180 of 2014
Arising Out of PS.Case No. -24 Year- 2014 Thana -HASPURA District- AURANGABAD ====================================================== 1. Sudarshan Yadav son of Late Chhathu Yadav 2. Bade @ Baban Yadav son of Late Prameshwar Yadav 3. Dhanajjay Kumar @ Dhananjay Yadav son of Doman Yadav All are residents of village- Chandi, P.S.- Haspura, District Aurangabad. .... .... Petitioner/s Versus The State of Bihar .... .... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Bachan Jee Ojha, Advocate For the Informant : Mr. Rajendra Singh @ Shgastri Ji, Advocate For the State : Mr. A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL ORDER
2 21-08-2014 Heard learned counsel for the petitioners, learned counsel for the State and learned counsel appearing on behalf of the informant.
The petitioners seek bail in connection with Haspura P.S. Case No. 24 of 2014 registered for the offences punishable under sections 147, 149, 341, 323, 379, 448 and 307 of the Indian Penal Code.
It has been contended that though the alleged incident of occurrence is said to have taken place on 19th April, 2014 but the FIR was registered on 26th April, 2014. Though there is specific assertion in the FIR that twelve persons repeatedly assaulted the
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informant but in course of treatment the doctor could notice only two injuries out of which one is superficial in nature.
Learned counsel appearing on behalf of the informant submits that one injury found on the person of the informant is grievous in nature. He has further contended that in the FIR itself the delay caused in institution of the FIR has been explained.
Be that as it may, having regard to the facts and circumstances of the case, the above named petitioners, who are said to be in custody since May, 2014 and have no criminal antecedent are directed to be released on bail on furnishing bail bond of Rs.10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of learned S.D.J.M., Daudnagar, Aurangabad in connection with Haspura P.S. Case No.24 of 2014.
(Ashwani Kumar Singh, J)
Md.S./-
U T
1 issue framed by the court
Whether to grant bail to petitioners charged with offences under sections 147, 149, 341, 323, 379, 448 and 307 of the Indian Penal Code in the facts given.
7 provisions across 1 enactments
Sudarshan Yadav
Bade @ Baban Yadav
Dhanajjay Kumar @ Dhananjay Yadav
The State of Bihar
Ashwani Kumar Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
