Single judge allowed bail to the petitioner, an accused of assault and attempted murder under IPC and SC/ST Acts, examining the minor nature of injuries.
Directed that the petitioner be enlarged on bail by furnishing a bond of Rs. 10,000 with two sureties.
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.41110 of 2014
Arising Out of PS.Case No. -30 Year- 2014 Thana -ARA HARIJAN District- BHOJPUR ====================================================== Nanhak Yadav, Son of Kamta Yadav, resident of Amrai Nawada, P.S.Bihiya, District- Bhojpur .... .... Petitioner/s Versus The State of Bihar .... .... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Sada Nand Ray, Advocate. For the Opposite Party/s : Mr. Ambika Bhagat (Spl.Pp) ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 2 07-11-2014 Heard both sides. The petitioner Nanhak Yadav seeks bail in SC/ST (Bhojpur) P.S. Case No. 30 of 2014, registered for the offences punishable under Sections 341, 323, 324, 307, 427 and 34 of the Indian Penal Code and Sections 3(i)(x) SC/ST (Prevention of Atrocities) Act.
Girija Paswan the informant alleged that on 03.05.2014 Jitu Yadav and Nanhak Yadav (the petitioner) came and snatched his nephew’s mobile and Nanhak Yadav assaulted with Dab on the head of the informant. Mahesh Yadav and other accused persons assaulted the informant with Lathi.
Learned counsel for the petitioner submits that there is case and counter case. The informant Girija Yadav was
Patna High Court Cr.Misc. No.41110 of 2014 (2) dt.07-11-2014
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examined on 03.05.2014. The Doctor Nand Kishor Prasad found two lacerated wound on his head. Both the injuries are superficial in nature. The doctor opined that the injuries are simple in nature and caused by hard and blunt substances. There is no injury caused by sharp cut weapon. The informant was again examined on 04.05.2014 and the doctor found only two injuries but the dimension of injuries was not mentioned. It is submitted that the doctor firstly gave his opinion about the injuries as simple in nature but it appears that on insistence of the informant advised for X-ray and CT scan. Report of X-ray and CT scan is yet to be submitted.
Learned Special PP, however, opposed the prayer for bail of the petitioner.
Having considered the facts aforesaid and the fact that the injuries are simple in nature, the petitioner, namely, Nanhak Yadav is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Bhojpur at Ara in connection with SC/ST (Bhojpur) P.S. Case No. 30 of 2014.
(Prabhat Kumar Jha, J.)
KKSINHA/-
U T
1 issue framed by the court
Whether the petitioner is entitled to bail in a case involving offences under Section 307 IPC and the SC/ST Act given the nature of injuries.
2 provisions across 2 enactments
Nanhak Yadav
The State of Bihar
Prabhat Kumar Jha
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
