High Court granted anticipatory bail to petitioners accused in a case involving land dispute. Accused charged with affray, assault, and attempt to murder. Court granted bail on furnishing bond and two sureties each.
Enlarged petitioners on bail by directing them to furnish bond of Rs. 10,000 each with two sureties of the like 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.27877 of 2014
Arising Out of P.S. Case No. -100 Year- 2013 Thana -CHAURADANO District- EAST CHAMPARAN (MOTIHARI)
======================================================
Both are residents of Village- Gonahi, P.S.- Chhauradano, District- East Champaran.
.... .... Petitioner/s Versus
The State of Bihar
.... .... Opposite Party/s
======================================================
with
Criminal Miscellaneous No.43442 of 2014
Arising Out of P.S. Case No. -100 Year- 2013 Thana -CHAURADANO District- EAST CHAMPARAN (MOTIHARI)
====================================================== Kaushal Kishor Singh Son of Late Pundeo Singh, resident of Village - Gaunahi, P.S. Chhauradano, District - East Champaran
.... .... Petitioner/s
Versus The State of Bihar
.... .... Opposite Party/s ====================================================== Appearance: (In Cr. Misc. No.27877 of 2014) For the Petitioner/s : Mr. For the Opposite Party/s : Mr. (In Cr. Misc. No.43442 of 2014) For the Petitioner/s : Mr. For the Opposite Party/s : Mr. ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA
ORAL ORDER
The Petitioners in Cr. Misc. No. 27877 of 2014, namely, Raju Singh and Anil Kumar Singh and the petitioner in Cr. Misc. No. 43442 of 2014, namely, Kaushal Kishor Singh seek
Patna High Court Cr.Misc. No.27877 of 2014 (3) dt.16-12-2014
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bail in Chhauradano P.S. Case No. 100 of 2013 for the offence under Sections 147, 148, 149, 341, 323, 324, 307, 379, 427, 327, 387 and 504 of the Indian Penal Code and Section 27 of the Arms Act.
The informant Chandra Shekhar Singh made allegation that when he along with his family members came near the Darwaza of the accused persons, they intercepted his vehicle and began to assault him. Accused Raju Singh and Anil Kumar Singh are said to have assaulted the informant with Chhura. Sundan Singh also received injury while he was trying to save the informant.
Learned counsel for the petitioners submits that there is a case and counter-case and there is a land dispute between the parties. The injury received by Sundan singh and Chandra Shekhar Singh are simple in nature as it would appear from Annexure-2 Series annexed with Cr. Misc. No. 43442 of 2014.
Having considered the fact that there is a case and counter-case and on account of assault made by the petitioners, simple injuries are said to have been caused to the informant and his brother, the petitioners named above are directed to be enlarged on bail on furnishing bond of Rs. 10,000/- (Ten thousand) each with two sureties of the like amount each to the
Patna High Court Cr.Misc. No.27877 of 2014 (3) dt.16-12-2014
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satisfaction of Sri Divesh Kumar, Judicial Magistrate 1st Class, Raxaul at Motihari, East Champaran in Chhauradano P.S. Case No. 100 of 2013.
(Prabhat Kumar Jha, J)
Dilip/-
U T
2 issues framed by the court
Whether the petitioners entitled to bail considering the case and counter-case nature of the charges.
Whether simple injuries caused justify bail on furnishing surety bond.
2 provisions across 2 enactments
Raju Singh
Anil Kumar Singh
Kaushal Kishor Singh
The State of Bihar
Prabhat Kumar Jha
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
