Hearing a criminal bail petition, the Court released the three petitioners on bail requiring a bond of Rs. 10,000 each with two sureties.
Petitioners released on bail with Rs. 10,000 bond each and two sureties of like amount payable to A.C.J.M., Nawada.
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.12986 of 2016
Arising Out of PS.Case No. -236 Year- 2015 Thana -AKBARPUR District- NAWADA ====================================================== 1. Mukesh Kumar Son of Brij Nandan Singh. 2. Manoj Kumar @ Bute Singh @ Manoj Singh Son of Late Raksha Singh. 3. Brij Nandan Singh son of Late Raksha Singh. All residents of VillagePirauta, Police Station- Akbarpur, in the District of Nawada. .... .... Petitioner/s Versus The State of Bihar .... .... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Deepak Kumar For the Opposite Party/s : Mr. Ramchandra Singh (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE KISHORE KUMAR MANDAL ORAL ORDER
The three petitioners herein are son, his uncle and father. They along with another brother of petitioner no. 1 have been made accused in Akbarpur P.S. Case No. 236 of 2015 punishable under Sections 307, 379 and other allied sections of the Indian Penal Code.
It is alleged that the informant was intercepted, surrounded and assaulted by the accused persons. Specific allegations of assault by means of iron rod is attributed to another co-accused namely Shivam Kumar @ Chhoti. The allegation of causing injury in the ear of the wife of the informant is also
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against co-accused Shivam Kumar @ Chhoti.
The contention of the petitioners is that they had purchased the land only two-three days before the occurrence from the elder brother of the informant (Annexure-2), which became the bone of the contention. In course of investigation, the elder brother examined himself and narrated the true version of the case. The petitioners are ‘gotiyas’ of the informant and carry no criminal antecedents.
In the facts and circumstances of the case, let the petitioners above named, in the event of arrest/surrender within four weeks from today, be released on bail on furnishing bail bond of Rs. 10,000/- each with two sureties of the like amount each to the satisfaction of learned A.C.J.M. III, Nawada in Akbarpur P.S. Case No. 236 of 2015 on condition that one of the bailors shall be his/their own/close family member. The petitioner shall appear on each date fixed at the trial. In case of default in appearance on two consecutive dates, the trial court shall have liberty to cancel their bail bonds.
(Kishore Kumar Mandal, J)
rohit/-
U T
1 issue framed by the court
Whether the petitioners should be granted bail in a case involving offences under Sections 307 and 379 of the IPC.
Mukesh Kumar, Manoj Kumar, Brij Nandan Singh
The State of Bihar
Kishore Kumar Mandal
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
