The High Court of Patna granted bail to the petitioner in a case involving cheating, forgery, attempted murder, and possession of arms. The court noted no injuries were caused and observed a prior dispute between the family members.
Enlargement of the petitioner on bail on furnishing a bond of Rs. 10,000 with two sureties of similar 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.39919 of 2016
Arising Out of PS.Case No. -112 Year- 2015 Thana -NAYA RAM NAGAR District- MUNGER
====================================================== Guddu Kumar, Son of Garib Das, resident of Village- Baluwahi Khagaria, P.S.- Khagaria, District- Khagaria.
.... .... Petitioner/s Versus The State of Bihar .... .... Opposite Party/s ====================================================== Appearance: For the Petitioner/s : Mr. Arun Kumar, Advocate. For the Opposite Party/s : Ms. Sucheta Yadav, A.P.P. ======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER
The petitioner seeks bail in Naya Ram Nagar P.S. Case No. 112/15 registered under Sections 384, 307, 504, 506, 34 of the Indian Penal Code and Section 27 of the Arms Act.
The informant alleged that the petitioner and others came to his house and asked him to withdraw the case. The informant disclosed that the case is pending in the court. Guddu Kumar fired from his pistol. Many persons came there. Thereafter, the accused persons fled away.
Learned counsel for the petitioner submits that the petitioner is the brother-in-law (Sala) of Anil Kumar. Prior to this occurrence, the sister of the petitioner filed Complaint Case No. 857/2013 under Section 498A and other sections of the Indian Penal Code against the present informant Ravi Kumar. Earlier
Patna High Court Cr.Misc. No.39919 of 2016 (3) dt.02-12-2016
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Ravi Kumar lodged Ram Nagar P.S. Case No. 93/2013 against the petitioner and others in which the petitioner was granted anticipatory bail. The brother-in-law of the petitioner again filed this case in which the petitioner is in jail since 19.07.2016.
Considering the facts that nobody was injured and the petitioner happens to be the brother-in-law (Sala) of the informant, the above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the learned A.C.J.M., Munger in Naya Ram Nagar P.S. Case No. 112 of 2015.
(Prabhat Kumar Jha, J)
Dilip/-
U T
1 issue framed by the court
Whether the petitioner should be enlarged on bail given that nobody was injured and he is the brother-in-law of the informant.
2 provisions across 2 enactments
Guddu Kumar
The State of Bihar
Prabhat Kumar Jha
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
