The Patna High Court granted bail to a petitioner charged under the IPC and SC/ST Act alleging assault and putative attempt to murder. The court directed release upon furnishing bail bonds and sureties to the competent court.
Direction to release the petitioner on furnishing bail bonds of Rs. 10,000 with two sureties of 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.
Patna High Court Cr.Misc. No.6288 of 2014 (3) dt.09-05-2014
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.6288 of 2014 ====================================================== 1. Lav Kush Sah S/O Ramjit Sah R/O Village- Sigha, P.S- Mirganj, District- Gopalganj. .... .... Petitioner/s Versus 1. The State Of Bihar .... .... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Naresh Dixit, Advocate For the Opposite Party/s : Mr. APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SHYAM KISHORE SHARMA ORAL ORDER 3 09-05-2014 Heard learned counsel for the petitioner and learned counsel representing the State. The petitioner seeks bail in a case registered under Sections 341, 307, 324/354 of the Indian Penal Code and Sections 3 (x) (xi) of the SC/ST (prevention of Atrocities) Act. The petitioner is the sole named accused of the case on the allegation that he has given farsa blow upon the head of the informant. Submission is that no opinion regarding injury has been received. There is no repetition, so offence will not come under Section 307 of the Indian Penal Code. Considering the facts and circumstances of the case, the petitioner above named is directed to be released on furnishing
Patna High Court Cr.Misc. No.6288 of 2014 (3) dt.09-05-2014
of bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned C.J.M./concerned Court, Gopalganj in connection with Mirganj P.S. Case No. 198 of 2013.
(Shyam Kishore Sharma, J)
avin/-
2 issues framed by the court
Whether the petitioner should be granted bail in a case alleging assault on the head and putative attempt to murder.
Whether the drafted oath (farsa) would constitute an offence under Section 307 of the IPC.
2 provisions across 2 enactments
Lav Kush Sah
The State Of Bihar
Shyam Kishore Sharma
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
