The Patna High Court granted bail to the petitioner, incurring bail bond within a trial concerning an alleged assault leading to death under multiple IPC and Arms Act provisions.
The petitioner is directed to be released on bail on furnishing a bond of Rs. 10,000/- with two sureties of the 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.19036 of 2016
Arising Out of PS.Case No. -70 Year- 2012 Thana -GANGABRIDGE DistrictVAISHALI(HAJIPUR) ====================================================== Bhuneshwar Rai, S/o Late Sant Lal Rai, resident of Village- Tersia, P.S. Ganga Bridge, District- Vaishali. .... .... Petitioner/s Versus The State of Bihar .... .... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. For the Opposite Party/s : Mr. ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER
The petitioner seeks bail in connection with Ganga Bridge P.S. Case No.70 of 2012 registered under Sections 341, 323, 324, 307 and 302/34 of the Indian Penal Code besides Section 27 of the Arms Act.
The allegation of the informant Chandra Deep Rai is that on 04.08.2012 in the morning, he heard ‘hulla’ about dashing of his nephew Ganga Rai through motorcycle by this petitioner causing injury to him. Thereafter, the son of the informant Ramsagar Rai went there then co-accused Kamta Rai and Muneshwar Rai caught hold of both hands of the son of the
Patna High Court Cr.Misc. No.19036 of 2016 (3) dt.12-07-2016 2/3
informant and this petitioner gave a Daab blow at the stomach/chest of Ramsagar Rai, the son of the informant, causing blood oozing injury to him. Later on, the son of the informant died. At the place of occurrence, 7-8 unknown persons armed with lathi and bhala were also present.
Learned counsel appearing on behalf of the petitioner submits that it would appear from the F.I.R. and the case diary that the informant is not an eye witness to the occurrence. While the allegation against the petitioner has been made in the F.I.R. that this petitioner gave a Daab blow at the stomach/chest of the informant but the post-mortem report of the deceased, the son of the informant, shows that one incised penetrating wound measuring 1½” X 1/4” communicating towards heart caused by sharp pointed heavily weapon was found on his person which is suffice to disbelieve the allegation of the informant that this petitioner caused injury to his son through Daab, i.e., sharp cutting weapon. The petitioner is in custody since 20.01.2016.
Having regard to the facts and the circumstances of the case, the petitioner, above named, is directed to be released on bail on furnishing bail bond of Rs.10,000/-(Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the Sessions Judge, Vaishali at Hajipur, in connection with Ganga
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3/3
Bridge P.S. Case No.70 of 2012 (Sessions Trial No.364 of
2015/55 of 2016).
(Rajendra Kumar Mishra, J)
P.S./-
U T
1 issue framed by the court
Whether the petitioner is entitled to be released on bail in prosecution for offences under Sections 341, 323, 324, 307, 302 IPC and Section 27 Arms Act.
2 provisions across 2 enactments
Bhuneshwar Rai
The State of Bihar
Rajendra Kumar Mishra
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
