The Patna High Court granted bail to the petitioner in a case involving alleged firing and injury, ruling that no case under Section 307 IPC was made out due to lack of intention to cause death, despite injuries recorded.
Petitioner released on bail upon bond of Rs.10,000 with two sureties of 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.
Patna High Court Cr.Misc. No.5327 of 2014 (3) dt.11-04-2014
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.5327 of 2014
====================================================== 1. Mukesh Yadav S/O Mahesh Yadav Resident Of Village Manjhala Bigha, P.S. Pandarak, District Patna. .... .... Petitioner/s Versus 1. The State Of Bihar .... .... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Upendra Kumar, Advocate For the Opposite Party/s : Mr. Addl.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE SHYAM KISHORE SHARMA ORAL ORDER ---------- 3 11-04-2014 Heard learned counsel for the petitioner and learned counsel for the State.
The petitioner seeks bail in a case which has been registered for offence under Section 307 and some other Sections of the Indian Penal Code and 27 of the Arms Act.
Allegation against the petitioner is of firing which caused injury to the left wrist of the informant. The firing of others caused injuries to informant’s thigh. The injury report called for on 19.03.2014 has been received which shows to be the simple injury.
Submission is that no case under Section 307 of the Indian Penal Code is made out as there was no intention to cause death. The petitioner has no criminal antecedent.
Considering the facts and circumstances of the
Patna High Court Cr.Misc. No.5327 of 2014 (3) dt.11-04-2014
case, let the above named petitioner 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 Additional Chief Judicial Magistrate/concerned court, Barh, Patna in Pandarak P.S.Case No. 47 of 2013.
(Shyam Kishore Sharma, J)
Tahir/-
3 issues framed by the court
Whether the petitioner is entitled to bail in a case involving alleged firing causing injury.
Whether the lack of intention to cause death under Section 307 IPC is made out in the facts.
Whether the petitioner has criminal antecedents affecting bail eligibility.
2 provisions across 2 enactments
Mukesh Yadav
The State Of Bihar
SHYAM KISHORE SHARMA
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
