This is an oral order granting bail to the petitioner, who was an accused in a criminal case under Sections 341, 323, and 307/34 IPC. The High Court released the petitioner on bail upon furnishing a bond.
Release of the petitioner on bail by furnishing a bond of Rs. 10,000 with two sureties of the like amount.
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.29096 of 2016
Arising Out of PS.Case No. -3 Year- 2016 Thana -CHOUTARWA DistrictWESTCHAMPARAN(BETTIAH) ====================================================== Lalan Yadav, Son of Late Yugal Yadav, Resident of village - Murli (Siktaur Garhaiya) Police Station Chautarwa, District - West Champaran (Bettiah ). .... .... Petitioner. Versus The State of Bihar .... .... Opposite Party. ====================================================== Appearance : For the Petitioner/s : Mr. Lokesh Kumar Singh For the Opposite Party/s : Mr. Sri Gopesh Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER
The petitioner is accused in connection with Chautarwa P.S. Case No. 03 of 2016, registered under Sections 341, 323 and 307/34 of the Indian Penal Code.
The accusation is that six persons named in the F.I.R. were cutting sugarcane to the field of the informant, when informant protest then he was assaulted by them causing injury at his head through lathi. When family members of the informant i.e. Deonarayan Yadav, Bacha Yadav and Bagar Yadav reached there, then they were also assaulted by the accused persons.
Learned counsel for the petitioner submits that there
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is no overt act against the petitioner causing injury to the informant and others. Further submission is that admittedly the occurrence took place due to land dispute in which petitioner and others have also sustained injuries regarding which Chautarwa P.S. Case No. 02 of 2016, under Sections 341, 323 and 307/34 of the Indian Penal Code on the basis of the written report of the petitioner. The petitioner having no criminal antecedent is in custody since 15.03.2016.
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 A.C.J.M.-I, Bagaha, West Champaran in connection with Chautarwa P.S. Case No. 03 of 2016.
(Rajendra Kumar Mishra, J.)
manish/-
U T
1 issue framed by the court
Whether the petitioner accused in a criminal case involving assault and threat to life should be released on bail.
Lalan Yadav
The State of Bihar
Rajendra Kumar Mishra
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
