The Court released the petitioner on bail in connection with Section 323, 138 IPC and Section 27 of the Arms Act. The judgment notes allegations of false implication and a settlement by the informant.
Petitioner released on bail by furnishing a bond of Rs. 10,000 with two sureties of the like amount to the SubDivisional Judicial Magistrate, Sheohar.
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.47378 of 2017
Arising Out of PS.Case No. -6 Year- 2017 Thana -PURANHIA District- SHEOHAR
====================================================== Chanchal Thakur Son of Hem Chandra Thakur Resident of village- Basant Jagjiwan, P.S.- Purnahia, Dist.- Sheohar
.... .... Petitioner/s
Versus 1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Ranjan Kumar For the Opposite Party/s : Mr. Yogendra Kr. Singh(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER
The petitioner seeks bail in connection with Purnahia
P.S. Case No. 06 of 2017 dated 29.01.2017 instituted for the offences under Sections 323, 324, 341, 307 and 34 of the Indian Penal Code and Section 27 of the Arms Act.
The petitioner is alleged to have fired at the informant leading to gun shot injuries.
Learned counsel for the petitioner has submitted that from the reading of the FIR itself, it would appear that an absolutely false case has been instituted against the petitioner. It has been alleged in the FIR that the informant met the petitioner and another viz. Kanhai Singh and all of them proceeded together towards Sitamarhi for partying. Later, without any rhyme or reason, the informant has stated that he was fired at by the petitioner. Somehow or the other, the informant could save his life
Patna High Court Cr.Misc. No.47378 of 2017 (3) dt.08-12-2017
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by running away.
Learned counsel for the petitioner has submitted that if there had been any intention of the petitioner to kill the informant/victim, he would not have been permitted to go away. Thus, the reason for false implication in this case is old land dispute. For the land dispute, the petitioner was earlier made an accused in a case, about which reference has been made in para-3 of the petition, when he was a juvenile.
Considering that the petitioner has been falsely implicated, even the informant has settled the dispute with him and has filed a petition before the court below seeking compounding.
The petitioner is in jail since 19.06.2017.
In the facts and circumstances, the petitioner/s above named is/are directed to be released on bail on his/their furnishing bail bond/s in the sum of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned SubDivisional Judicial Magistrate, Sheohar in connection with Purnahia P.S. Case No. 06 of 2017.
(Ashutosh Kumar, J)
KKSINHA/-
U T
3 issues framed by the court
Whether the petitioner is entitled to bail given the allegations of false implication in a case involving serious offences.
Whether the settlement of the dispute by the informant and the filing of a compounding petition justify the grant of bail.
What is the appropriate bail amount and sureties for the petitioner's release.
2 provisions across 2 enactments
Chanchal Thakur
The State of Bihar
Ashutosh Kumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
