The Patna High Court granted regular bail to the petitioner, who was accused under various sections of the IPC, considering the nature of injuries and a counter-case filed against the informant.
Petitioner released on bail on bond of Rs. 10,000/- with two sureties of 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.30526 of 2017
Arising Out of PS.Case No. -59 Year- 2017 Thana -DORIGANJ District- SARAN
======================================================
Chandan Singh @ Chandan Kumar Singh S/o Om Prakash Singh, resident of Village- Dumari Adda, P.S.- Doriganj, District- Saran (Chapra).
.... .... Petitioner/s
Versus
The State of Bihar
.... .... Opposite Party/s
====================================================== Appearance :
For the Petitioner/s : Mr. Shyameshwar Kumar Singh For the Opposite Party/s : Mr.
====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER
2. 06-07-2017 Heard learned counsel for the petitioner as well as learned Additional Public Prosecutor for the State.
The petitioner seeks regular bail in connection with Doriganj P.S. Case No.59 of 2017 for the offences under Sections 341, 323, 324, 307 and 504/34 of the Indian Penal Code.
The case of the prosecution, in brief, is that when the informant was getting his wheat crop thrashed, accused persons reached there and asked him to stop thrashing of wheat, resulting in exchange of hot words between the accused persons and the informant. Thereafter, as far as the petitioner is concerned, informant has alleged that he had given a sword blow on his neck resulting in grievous injury to him.
Learned counsel for the petitioner submits that as
Patna High Court Cr.Misc. No.30526 of 2017 (3) dt.06-07-2017
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per injury report at page 29, pertaining to the informant, there is no injury on the neck and the other injuries are simple in nature. It is further submitted that in the instant case, there is a counter case bearing Doriganj P.S. Case No.60 of 2017 dated 22.4.2017, which has been filed on the same date and the time of occurrence is also same as well as the informant of the present F.I.R.is a named accused in the said counter case. It has further been submitted that the petitioner has got no criminal antecedent and is a young boy. The petitioner is in custody since 23.04.2017.
Having regard to the facts and circumstances of the case, I deem it fit and appropriate to enlarge the petitioner on regular bail. Accordingly, let the petitioner, above named, be released on bail on furnishing bail bond of Rs.10,000/- with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate-VII, Saran (Chapra) in connection with Doriganj P.S. Case No. 59 of 2017.
(Mohit Kumar Shah, J)
AnilKrSinha/-
U T
1 issue framed by the court
Whether the petitioner is entitled to regular bail in the instant case.
1 provisions across 1 enactments
Chandan Singh
State of Bihar
Mohit Kumar Shah
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
