Petitioner sought bail in a criminal case involving alleged murder and assault. The High Court granted bail subject to conditions regarding sureties and appearance for trial.
Directed petitioner to be released on bail on execution of a bond of Rs. 10,000 with two sureties of equal amount, subject to specific conditions.
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.
Patna High Court Cr.Misc. No.12194 of 2017 (7) dt.22-06-2017
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.12194 of 2017
Arising Out of PS.Case No. -85 Year- 2016 Thana -KARJA District- MUZAFFARPUR
====================================================== Vikash Kumar Thakur @ Vikash Kumar son of Lal Babu Thakur @ Akuloo Thakur @ Akalu Thakur, R/o village- Repura, P.S.- Karja, DistrictMuzaffarpur .... .... Petitioner Versus The State of Bihar .... Opposite Party ====================================================== Appearance : For the Petitioner/s : Mr. Mukund Mohan Jha For the Opposite Party/s : Mr. Sri Amit Kumar Rakesh ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER
The petitioner seeks bail in connection with Karja P.S. Case No. 85 of 2016 registered for the offences punishable under Sections 341, 323, 324, 325, 326, 307, 302, 504, 506/34 of the Indian Penal Code.
Allegedly, the petitioner and Anjani Chaudhary assaulted Yugal Kishore Chaudhary with back portion of the spade on his mouth causing injury to him and during treatment Yugal Kishore Chaudhay died.
Submission is of false implication and that due to land dispute the occurrence has taken place, there is enmity between the parties, from earlier case under Section 307 IPC was going on, during post mortem of Yugal Kishore Chaudhary 7 injuries have
Patna High Court Cr.Misc. No.12194 of 2017 (7) dt.22-06-2017
been found and there is allegation that the petitioner and Anjani Chaudhary assaulted with back portion of the spade on the mouth and on mouth there is no injury. In this case co-accused Dipak Kumar against whom also there was allegation of causing injury from the back portion of the spade to another deceased Shiv Chandra Chaudhary has already been allowed bail vide Cr. Misc. No. 9071 of 2017. During investigation also besides the informant no one has supported the prosecution version as alleged, the petitioner under the circumstances deserves sympathetic consideration.
Learned APP duly assisted by learned counsel for the informant opposes the prayer of bail.
In the facts and circumstances stated above, the petitioner above named is directed to be released on bail on execution of bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned Sub-Divisional Judicial (West), Muzaffarpur in connection with Karja P.S. Case No. 85 of 2016, subject to the conditions that one of the bailors must be a near relative and another having sufficient immovable property within the territorial jurisdiction of the court concerned and the petitioner shall remain present on each and every date during trial and the default on two consecutive dates on
Patna High Court Cr.Misc. No.12194 of 2017 (7) dt.22-06-2017
his part without any reason shall disentitle the petitioner from
privilege of bail.
(Jitendra Mohan Sharma, J)
avin/-
U T
1 issue framed by the court
Whether grant of bail to the petitioner is justified in view of the charges of murder and assault.
1 provisions across 1 enactments
Vikash Kumar Thakur
The State of Bihar
Jitendra Mohan Sharma
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
