The Patna High Court granted bail to the petitioner in a criminal case involving assault resulting in death, directing surrender on bond with sureties.
Petitioner released on bail on furnishing bond of Rs. 10,000 with two sureties of equivalent 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.24513 of 2016
Arising Out of PS.Case No. -317 Year- 2015 Thana -CHANDI District- NALANDA (BIHARSHARIFF) ====================================================== 1. Subhash Gope Son of Devnaraya Gope, Resident of Village- Beldhana, P.S.- Chandi, District- Nalanda. .... .... Petitioner/s Versus 1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Rajeev Kumar For the Opposite Party/s : Mr. Ashok Kr.Singh(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 3 15-07-2016 Heard learned counsel for the petitioner and learned counsel for the informant as well as learned Additional Public Prosecutor for the State.
Petitioner and other F.I.R named accused are said to have assaulted the informant and others, as a result of which the informant and one Manoj Yadav sustained injuries whereas Suresh Yadav died in course of treatment.
Submission on behalf of the petitioner is that there is omnibus and general allegation of assault against the petitioner but in course of investigation, when the statements of the witnesses Vinod Yadav and Babloo Yadav were recorded at Para 56 and 57 of the case diary, the aforesaid witnesses specifically stated that it
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was co-accused Dev Narayan Gope, who gave fatal blow to the deceased.
Admittedly, there are two injured in this case but both the aforesaid injured did not mention this fact who gave fatal blow to the deceased. One co-accused Surendra Gope has already been granted privilege of bail whereas prayer for bail of the co-acccused Dev Narayan Gope has already been rejected by a co-ordinate Bench of this Court. The present occurrence has taken place on account of previous enmity.
Accordingly, let the petitioner, above named, be released on bail on furnishing bail bonds of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of 1st Additional Sessions Judge, Hilsa, Nalanda in connection with Session trial no. 92 of 2016, arising out of Chandi P.S.Case No. 317 of 2015.
(Hemant Kumar Srivastava, J)
N.K/-
U T
1 issue framed by the court
Whether the petitioner is entitled to be released on bail in the present criminal proceedings.
1 provisions across 1 enactments
Subhash Gope
The State of Bihar
HEMANT KUMAR SRIVASTAVA
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
