The court granted bail to the petitioner in a criminal case involving affray and caste-related offences. The accused was released on furnishing a bail bond of Rs. 10,000 with two sureties, subject to specific conditions.
Petitioner released on bail on furnishing bond of Rs. 10,000 with two sureties each, subject to conditions.
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.30672 of 2015
Arising Out of PS.Case No. -139 Year- 2014 Thana -RAJAPAKAR District- VAISHALI(HAJIPUR) ====================================================== 1. Birendra Kumar Singh Son of Jagdish Prasad Singh R/o village - Faridpur, P.S. Rajapakar, District - Vaishali at Hajipur .... .... Petitioner/s Versus 1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Alok Kumar Alok For the Opposite Party/s : Mr. Ambika Bhagat(Spl.App) ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 3 30-10-2015 Heard the learned counsel for the petitioner as well as the learned A.P.P. The petitioner seeks bail in a case for the offences punishable under sections 147, 148, 149, 341, 342, 323, 324, 307, 447, 379 and 504 of the I.P.C and section 3 (1) (X) of Schedule Caste/ Schedule Tribe Prevention of Atrocities Act.
Allegedly, the petitioner and other F.I.R. named accused persons being armed with lathi, Danda, Sword, Farsa, spear and iron rod came at the door of the informant and started abusing the informant by using his caste name and co-accused Jagdish Prasad Singh instigated to kill the informant then the petitioner gave farsa blow on the head of the informant causing injury and when Bishwanath Sahni came for rescue he was also
Patna High Court Cr.Misc. No.30672 of 2015 (3) dt.30-10-2015
2/3
assaulted by co-accused Umesh Kumar Singh and Nawal Kumar Singh and further co-accused Ram Chandra Singh assaulted the informant with iron rod on his left hand and other co-accused assaulted Bilti Devi and snatched silver chain from her.
Submission is of false implication and that there was free fight between the parties and for that there is case and counter case. The petitioner has also received injury which is not explained in the written report of the informant of this case. There is no allegation that the petitioner has repeated blow and as such now the petitioner deserves sympathetic consideration as he is suffering in custody since 04.05.2015 having no criminal antecedent.
The learned Special P.P. opposes prayer for bail.
Considering that charge sheet has already been submitted and there is no chance of tampering with the prosecution evidence and further that there is no allegation that the petitioner has repeated blow and as such the petitioner is directed to be released on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of Sri Ravi Kumar, J.M. 1st Class, Vaishali at Hajipur in Rajapakar P.S. Case No. 139 of 2014, subject to the conditions that one of the bailors must be a near relative and another having
Patna High Court Cr.Misc. No.30672 of 2015 (3) dt.30-10-2015
3/3
sufficient immovable property within the territorial jurisdiction of the court concerned and the petitioner shall remain present on each and every date during trial and the default on two consecutive dates on his part without any reason shall disentitle the petitioner from privilege of bail.
(Jitendra Mohan Sharma, J)
Abhay/-
U T
1 issue framed by the court
Whether the petitioner deserves bail in a case involving offences under IPC sections 147, 148, 149, 341, 342, 323, 324, 307, 447, 379 and 504 and SC/ST Act section 3(1)(X) given he has no antecedents
Birendra Kumar Singh
The State of Bihar
Jitendra Mohan Sharma
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
