High Court at Patna granted bail to two petitioners accused in an FIR alleging attempted murder and common intention. The court considered lack of injury report for one and lack of antecedents before ordering release on bond with sureties.
Bail granted on release of Rs. 10,000 bond with two sureties each within six weeks.
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.21709 of 2016 Arising Out of PS.Case No. -20 Year- 2016 Thana -CHAUTHAM District- KHAGARIA ====================================================== Shiv Nandan Singh S/o late Natho Singh Resident of Village- Kharaita PS Chautham District Khagaria. .... .... Petitioner/s Versus The State of Bihar .... .... Opposite Party/s ====================================================== with Criminal Miscellaneous No.23269 of 2016 Arising Out of PS.Case No. -20 Year- 2016 Thana -CHAUTHAM District- KHAGARIA ====================================================== Arjun Singh S/o late Lakhpati Singh Resident of Village- kharaita, PS Chautham, District Khagaria. .... .... Petitioner/s Versus The State of Bihar .... .... Opposite Party/s ====================================================== ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 3 27-06-2016 Since both the cases arise out of Chautham P.S. Case no. 20 of 2016, they have been heard together and are being disposed of by this common order. The petitioners are apprehending their arrest in a case instituted under Sections 307, 504 and 506/34 of the Indian Penal Code and 27 of the Arms Act. Allegation against the petitioners is that they came to the Jalkar of the informant, demanded fish, abused him and began to fire. Fire shot of Arjun Singh hit the chest of the informant. It is submitted on behalf of the petitioners that they have got no criminal antecedent. They have falsely been implicated in the present case due to previous enmity. As far as petitioner Shiv
Patna High Court Cr.Misc. No.21709 of 2016 (3) dt.27-06-2016
2/2
Nandan Singh is concerned, there is general and omnibus allegation against him. No specific injury has been attributed against him. So far as petitioner Arjun Singh is concerned, he is alleged to have fired, causing injury on the left side of the chest of informant. From perusal of the case diary it appears that there is no such injury report to support the prosecution case.
On behalf of the State, it is submitted that petitioners are named in the F.I.R.
Considering the aforesaid facts and circumstances, let the above named petitioners of both the petitions, in the event of their arrest or surrender in the court below within a period of six weeks, be released on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand only) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Khagaria, in connection with Chautham P.S. Case no. 20 of 2016, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.
(Sudhir Singh, J)
sudip/-
U T
3 issues framed by the court
Whether application for anticipatory bail in FIR alleging IPC 307, 504, 506 and Arms Act 27 should be allowed.
Whether lack of specific injury report for one petitioner and lack of antecedents justify bail release.
Whether bonds with sureties amounting to Rs. 10,000 each are sufficient for bail.
1 provisions across 1 enactments
Shiv Nandan Singh
Arjun Singh
The State of Bihar
Sudhir Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
