This order grants bail to two petitioners in a criminal case involving offences under Sections 147, 341, 323, 325, 307, 427, and 120-B of the IPC.
Petitioners directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- each with two sureties of the like amount each.
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.42413 of 2014
Arising Out of PS.Case No. -360 Year- 2013 Thana -HAJIPUR SADAR DistrictVAISHALI(HAJIPUR) ====================================================== Pankaj Thakur @ Pankaj Kumar Thakur, S/o Sri Ram Binod Thakur, resident of village- Ismailpur, P.S.- Sadar Hajipur, District- Vaishali .... .... Petitioner/s Versus The State of Bihar .... .... Opposite Party/s ====================================================== with Criminal Miscellaneous No.42743 of 2014 Arising Out of PS.Case No. -360 Year- 2013 Thana -HAJIPUR SADAR DistrictVAISHALI(HAJIPUR) ====================================================== 1. Akhilesh Rai @ Goleya @ Golu Rai @ Golu Son of Nagina Rai Resident of Village - Tara Dhamaun, P.S- Patory, District -Sitamarhi .... .... Petitioner/s Versus 1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance : (In Cr.Misc. No.42413 of 2014) For the Petitioner/s : Mr. Nilesh Kumar, Advocate For the Opposite Party/s : Mr. Amitesh Kumar(APP) (In Cr.Misc. No.42743 of 2014) For the Petitioner/s : Mr. Mukesh Kumar Singh, Advocate For the Opposite Party/s : Mr. Ajay Kumar Jha(APP) ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER
The petitioners seeks bail in Hajipur Sadar P.S. Case No. 360 of 2013, registered for the offences punishable under Sections 147, 341, 323, 325, 307, 427, 120-B of the Indian Penal Code.
Learned counsel for the petitioners submits that
Patna High Court Cr.Misc. No.42413 of 2014 (3) dt.03-12-2014
2
the petitioners are of course named in the First Information Report, but no specific allegation of assault is made against the petitioners. The informant is alleged to have killed a prisoner by administering poison, and on such, the petitioners and others are alleged to have assaulted the informant. There appears that petitioners are of course named in the First Information Report and there is omnibus and general allegations of assault against the petitioners and petitioners have remained in jail for more than a year in a case registered under Section 307 of the Indian Penal Code.
Having considered the aforesaid facts, the above named petitioners are directed to be enlarged 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 the learned Chief Judicial Magistrate, Vaishali in connection with Hajipur Sadar P.S. Case No. 360 of 2013.
(Prabhat Kumar Jha, J)
P.K./-
U T
1 issue framed by the court
Whether petitioners should be granted bail in a case involving offences under Sections 147, 341, 323, 325, 307, 427, and 120-B of IPC despite general allegations of assault.
2 provisions across 2 enactments
Pankaj Thakur @ Pankaj Kumar Thakur
Akhilesh Rai @ Goleya @ Golu Rai @ Golu
The State of Bihar
Prabhat Kumar Jha
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
