In a bail petition challenging assault causing death and attempt to murder under the I.P.C., the Patna High Court granted bail on furnishing a bond of Rs. 10,000 along with two sureties.
Release of the petitioner on bail on furnishing a bond of Rs. 10,000/ with two sureties of the like amount each to the C.J.M., Banka.
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IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.7269 of 2014 ====================================================== 1. Mukesh Das son of Yogendra Das 2. Bikash Das @ Bikki Das, son of Yogendra Das .... .... Petitioner/s Versus The State of Bihar .... .... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Brij Nandan Prasad For the Opposite Party/s : Mr. Sucheta Yadav ====================================================== CORAM: HONOURABLE MR. JUSTICE SHYAM KISHORE SHARMA ORAL ORDER 2 09-04-2014 Heard learned counsel for the petitioners and learned counsel representing the State. Petitioners seek bail in a case which has been registered under sections 341, 323, 324, 325, 307/34 of the I.P.C. against the petitioners and others. The allegation is of making assault by Kudal to the elder brother of the inforant Tuntun Das and others were also assaulted. In course of treatment, the informant’s elder brother died and his post mortem was performed by the doctor who has found the injuries caused by hard and blunt substance.
Submission is that there is a case and counter case.
The case was lodged under section 307 of the I.P.C. and Section 302 was added after the death of the elder brother of the informant but there was no intention to kill the informant.
Patna High Court Cr.Misc. No.7269 of 2014 (2) dt.09-04-2014
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Considering the facts and circumstances of the case, the petitioner above named is directed to be released on bail on furnishing of bail bonds of Rs. 10,000/-(ten thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Banka in connection with Banka P. S. Case No. 365/2013.
(Shyam Kishore Sharma, J)
Sudha/-
3 issues framed by the court
Whether the petitioner should be granted bail in a case involving assault causing death and attempt to murder under the I.P.C.
Whether the existence of a counter-case affects the grant of bail in light of the aggravating circumstances.
What conditions must be laid down for the release of the petitioner on bail.
4 provisions across 3 enactments
Mukesh Das
Bikash Das @ Bikki Das
The State of Bihar
Shyam Kishore Sharma
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
