The Patna High Court granted bail to the petitioner, an accused under sections 341, 323, 307, and 34 of the IPC. The court observed that only one injury was recorded and attributed to a co-accused, not the petitioner.
Petitioner enlarged on bail on furnishing bond of Rs. 10,000 with two sureties of like amount each to the satisfaction of CJM, Bhagalpur.
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IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.54974 of 2016
Arising Out of PS.Case No. -155 Year- 2016 Thana -MAUZAHIDPUR District- BHAGALPUR
======================================================
.... .... Petitioner/s
Versus
.... .... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Diwakar Upadhyaya For the Opposite Party/s : Mr. Yogendra Kr. Singh (App)
====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER
2 22-12-2016 Heard learned counsel for the petitioner and the learned A.P.P. for the State.
The application is for grant of bail for the offence under Sections 341, 323, 307 and 34 of the Indian Penal Code.
It has been submitted on behalf of the petitioner that though there is allegation in the FIR that the petitioner has assaulted by ‘Bat’ on the informant but it is one Bharat Kumar Ram, who has assaulted the informant by ‘Farsha’ and the injury report also shows that there is only one injury on the person of the informant, which has been attributed to the co-accused, Bharat Kumar Ram. The petitioner is in custody since 25.09.2016.
Heard learned A.P.P. also, who opposes the prayer for bail on the ground that there is allegation against this petitioner
Patna High Court Cr.Misc. No.54974 of 2016 (2) dt.22-12-2016
2/2
also.
Having heard both sides. In view of the fact that the there is only one injury on the person of the informant and from perusal of the FIR, it appears that it has been attributed on the coaccused, Bharat Kumar Ram, let petitioner 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 CJM, Bhagalpur in connection with Majahidpur P.S.Case No.155 of 2016.
(Vinod Kumar Sinha, J)
chn/-
U
3 issues framed by the court
Whether bail should be granted to the petitioner accused under Sections 341, 323, 307 and 34 IPC.
Whether the single injury attributed to a co-accused warrants bail for the petitioner.
What bail bond terms and surety conditions are imposed for the petitioner's release.
4 provisions across 1 enactments
Shankar Ram
The State of Bihar
Vinod Kumar Sinha
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
