Oral order granting bail to the petitioner in a criminal case under IPC 307. The court noted the existence of a counter-case where the petitioner suffered grievous injury and directed him to furnish a bail bond with sureties.
Petitioner enlarged on bail on furnishing 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.16638 of 2015
Arising Out of PS.Case No. -312 Year- 2014 Thana -PAHARPUR District- EAST CHAMPARAN (MOTIHARI)
====================================================== Kishori Lal Sah Son of Late Bihari Sah Resident of village - Bishunpur, Matiarwa, Police Station - Paharpur, District - East Champaran .... .... Petitioner/s Versus The State of Bihar .... .... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. For the Opposite Party/s : Md. Fahimuddin (APP) ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER
2 23-06-2015 Heard both sides.
The petitioner seeks bail in a case under Section 307
and other sections of the Indian Penal Code.
The informant named the petitioner Kishori Lal Sah and four others and alleged that all the accused persons assaulted him with iron rods, sticks and Farsa. It is alleged that many articles were also taken away. The informant has not made any specific allegation of assault against the petitioner. It is submitted that there is a counter-version being Paharpur P.S. Case No. 301 of 2014. The petitioner is the informant of the aforesaid case and the petitioner also sustained grievous injury on his head as the same would appear from perusal of Annexure-4 of the supplementary counter affidavit. The informant, of course, got grievous injury on his head, but who is the author of the aforesaid
Patna High Court Cr.Misc. No.16638 of 2015 (2) dt.23-06-2015
2/2
injury has not been stated in the FIR. The petitioner is in jail since 11.02.2015.
Considering the facts that there is a case and counter-case and the petitioner also sustained grievous injury, the above named petitioner 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, Motihari, East Champaran in Paharpur P.S. Case No. 312 of 2014.
(Prabhat Kumar Jha, J)
Dilip/-
U T
2 issues framed by the court
Whether the petitioner is entitled to bail considering the existence of a counter-case and grievous injury sustained by him.
The conditions for bail in a case under Section 307 IPC.
1 provisions across 1 enactments
Kishori Lal Sah
The State of Bihar
Prabhat Kumar Jha
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
