In a bail application arising from an assault case, the Hon'ble Court released the petitioner on bail subject to furnishing bonds of Rs. 10,000 with two sureties and undertaking to appear on each trial date.
Petitioner released on bail with bonds of Rs. 10,000 and two sureties of 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.49151 of 2016
Arising Out of PS.Case No. -622 Year- 2016 Thana -ARARIA District- ARRARIA
======================================================
Sajid @ Md. Sajid S/o Abdul Mannan @ Mannan @ Ekram Resident of Village- Chhoti Lahtora, Ward No. 6 P.S. Mahalgaon, District Araria.
.... .... Petitioner/s Versus The State of Bihar .... .... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Anil Prasad Singh For the Opposite Party/s : Mr. Sri Umeshnand Pandit ====================================================== CORAM: HONOURABLE MR. JUSTICE KISHORE KUMAR MANDAL ORAL ORDER
2 08-12-2016 Heard both sides.
The petitioner prays for grant of regular bail in Araria P.S. Case No. 622 of 2016 registered under Sections 307, 379 and other allied Sections of the Indian Penal Code.
On going through the First Information Report, it appears owing to land dispute, the occurrence had taken place in which specific allegation against the petitioner is of having assaulted Md. Sabroz (one of the injureds) on hand by means of iron rod.
It is submitted that the petitioner also lodged a case against the present prosecution side for having assaulted some of his family members. Referring to Annexure-3, it is submitted that Md. Sabroz received simple injury. The petitioner is in custody since 20.09.2016 having no criminal antecedent.
Patna High Court Cr.Misc. No.49151 of 2016 (2) dt.08-12-2016
2/2
Considering the facts and circumstances of the case, 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 learned Chief Judicial Magistrate, Araria in Araria P.S. Case No. 622 of 2016 subject to the condition that:
(ii) The petitioner shall appear in person on each date fixed at the trial. In case of default in appearance on two consecutive dates, the trial court shall have liberty to cancel his bail bonds.
(Kishore Kumar Mandal, J)
rohit/-
U T
2 issues framed by the court
Whether the petitioner is entitled to a grant of regular bail in an assault case.
Whether conditions can be imposed on the granting of bail.
1 provisions across 1 enactments
Sajid @ Md. Sajid
The State of Bihar
Kishore Kumar Mandal
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
