The Patna High Court granted bail to a petitioner charged with offences under Sections 307 and 324 IPC arising from a fight between prisoner groups inside a Central Jail, directing him to furnish a bond of Rs. 10,000.
Petitioner enlarged on bail by furnishing a bond of Rs. 10,000 with two sureties of the like 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.57536 of 2015
Arising Out of PS.Case No. -298 Year- 2015 Thana -BUXAR District- BUXAR ====================================================== Md. Saddam Ansari @ Saddam Ansari, Son of Late Shamsuddin Ansari, Resident of Village- Kharhania, P.S.:- Dhaka, District- East Champaran. .... .... Petitioner Versus The State of Bihar .... .... Opposite Party ====================================================== Appearance : For the Petitioner/s : Mr. Md. Anisur Rahman, Adv. For the Opposite Party/s : Mr. D.P.Tiwary, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE RAKESH KUMAR ORAL ORDER 2 21-01-2016 Heard Mr. Md. Anisur Rahman, learned counsel for the petitioner and Sri Damodar Prasad Tiwary, learned Addl. Public Prosecutor.
The petitioner, who is in custody since 30.07.2015 in connection with Buxar (T) P.S. Case no.298/15 registered for the offence under Section 307 and other allied Sections of the Indian Penal Code, has prayed for grant of bail.
Learned counsel for the petitioner submits that in the present case, occurrence had taken place inside the Central Jail, Buxar, in which two groups of prisoners have fought with each other. He submits that of course, in the F.I.R. Section 307 of the Indian Penal Code has been added, besides Sections 307 and 324 of the Indian Penal Code, all Sections are bailable. He further
Patna High Court Cr.Misc. No.57536 of 2015 (2) dt.21-01-2016
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submits that from perusal of the F.I.R. it is evident that Section 307 of the Indian Penal Code is not applicable.
Be that as it may, keeping in view the nature of accusation, let the petitioner , namely, Md. Saddam Ansari @ Saddam Ansari 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 learned Chief Judicial Magistrate, Buxar
in connection with Buxar ( T) P.S. Case no.298/15.
(Rakesh Kumar, J)
NKS/U
1 issue framed by the court
Whether the petitioner is entitled to be released on bail in a case stemming from an altercation among prisoners in jail involving offences under Sections 307 and 324 IPC.
3 provisions across 1 enactments
Md. Saddam Ansari
The State of Bihar
Rakesh Kumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
