Single judge order granting bail to two petitioners in a criminal prosecution under IPC 307, 386 and SCST Act Section 3. Conditions imposed include government servant as surety and regular appearance.
Petitioners released on bail on furnishing bonds of Rs.25,000 each with two sureties of the like amount each, subject to specified 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.42718 of 2014
Arising Out of PS.Case No. -144 Year- 2014 Thana -SONEPUR District- SARAN
.... .... Petitioner/s Versus The State of Bihar .... .... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Anirban Kundu, Advocate For the Opposite Party/s : Mr. Ambika Bhagat, Spl.P.P.
====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA PRASAD VERMA ORAL ORDER
4 10-04-2015 Heard the parties.
The petitioners seek bail in a criminal prosecution registered under Sections 307, 386 and some other minor or bailable offences of the Indian Penal Code as also under Section 3 (i) (x) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989.
Taking into consideration the fact that the injuries sustained by the informant have been opined to be simple in nature and further taking into consideration the fact that the petitioners are in judicial custody since 24.04.2014 i.e. for almost one year as also in view of the fact that they are said to be the first offenders, their prayer for bail is allowed. The above named two petitioners are ordered to be released on bail on furnishing bail bonds of Rs.25,000/-(Rupees twenty five thousand) each with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate, Saran in connection with Sonepur P.S.Case No. 144 of 2014, subject to the following conditions:
(A) One of the bailors of each petitioner must be a government servant,
Patna High Court Cr.Misc. No.42718 of 2014 (4) dt.10-04-2015
2/2
(Birendra Prasad Verma, J)
Tahir/U T
1 issue framed by the court
Whether the petitioners are eligible for bail given the nature of injuries and their first-time offender status.
3 provisions across 2 enactments
Mukesh Kumar
Sujeet Kumar
The State of Bihar
Birendra Prasad Verma
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
