This is an order granting bail to four petitioners in a criminal case involving alleged assault and one grievous injury.
Petitioners directed to be enlarged on bail 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.
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.5762 of 2015
Arising Out of PS.Case No. -400 Year- 2014 Thana -MAJHAULIA DistrictWESTCHAMPARAN(BETTIAH)
====================================================== 1. Sk. Jahangir Son of Sk. Ali Imam 2. Sk. Allauddin son of Sk. Jahangir. 3. Sk. Imtiyaz son of Fazale Imam 4. Sk. Niyaz son of Fazale Imam` All are residents of village Bishambharpur, Police Station- Majhaulia District- West Champaran.
.... .... Petitioner/s Versus 1. The State of Bihar
.... .... Opposite Party/s
====================================================== Appearance : For the Petitioner/s : Mr. Sachida Nand Rai For the Opposite Party/s : Mr. P.K.Chaurasia(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER
2 11-02-2015 Heard both sides.
The petitioners seek bail in a case registered under section 302 and other allied sections of the Indian Penal Code.
The informant made specific allegation that Sk. Mister andSk. Manjoor assaulted her husband with wood plank on his head. The petitioners too have assaulted Sk. Mustaque, Sk. Samsool and Sk. Taoyab
Learned counsel for the petitioner submits that Sk. Shqamshool got one hand injury. Sk. Mustaque got two simple injuries and Sk. Taiyab also got injury. There is no
Patna High Court Cr.Misc. No.5762 of 2015 (2) dt.11-02-2015
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specific allegation as to who assaulted Sk. Mustaque Sk. Shamshool and Sk. Taiyab. Omnibus and general allegations are made. The husband of the informant died during the course of treatment.
Learned counsel for the informant on the other hand submitted that the one injury is found to be grievous.
Petitioners are not alleged to have assaulted the deceased. The witnesses have stated that out of the three injuries found on the persons of injured two injuries were simple in nature and one injury was grievous.
Considering the fact the above named petitioners are directed to be enlarged on bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of like amount each to the satisfaction C.J.M, Bettiah , West Champaran in Majhaulia P.S. Case No. 400 of 2014.
(Prabhat Kumar Jha, J)
M.Rahman/-
U T
1 issue framed by the court
Whether the petitioners should be granted bail in a case involving alleged assault and one grievous injury.
1 provisions across 1 enactments
Sk. Jahangir, Sk. Allauddin, Sk. Imtiyaz, Sk. Niyaz
The State of Bihar
Prabhat Kumar Jha
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
