The High Court at Patna considered a bail application in a case involving offences under Sections 302/34 IPC. The Court allowed bail directing the petitioner to provide a bond with two sureties and cooperate with the investigation.
Release on bail by furnishing a bond of Rs. 20,000 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.23369 of 2018
Arising Out of PS.Case No. -79 Year- 2017 Thana -JIRADEI District- SIWAN
====================================================== 1. Suresh Chauhan, Son of Late Bikau Chauhan, resident of Village- Garar, Police Station- Ziradei, District- Siwan.
.... .... Petitioner/s Versus 1. The State of Bihar. .... .... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Raghav Prasad, Adv. For the Informant : Mr. Ajay Kumar Pandey, Adv. Ms. Rinki Kumari, Adv. For the Opposite Party/s : Mr. Satyadev Prasad Singh Yadav ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER
2 24-04-2018 Heard learned counsel for the petitioner and learned APP for the State.
Petitioner seeks bail in a case registered for the offences punishable under Sections 302/34 of the Indian Penal Code.
In the FIR allegation is general and omnibus. However, the impugned order, which was passed after perusal of the case diary, reveals that the allegation was specific against coaccused Vikash Chauhan to have committed assault with back side of the farsa at the head of the deceased and the head injury was cause of death. Allegation against the petitioner and others is of pressing on the neck. However, no such injury was found by the Doctor.
Learned counsel for the informant opposed the
Patna High Court Cr.Misc. No.23369 of 2018 (2) dt.24-04-2018
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prayer for bail.
Considering the aforesaid fact, let the petitioner, above named, be released on bail on furnishing bail bond of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Court below where the case is pending in connection with Ziradei Police Station Case No. 79 of 2017, subject to the condition that the petitioner shall fully cooperate with the investigation and trial of the case, failing which the court below shall be at liberty to cancel the bail bond of the petitioner.
(Birendra Kumar, J)
Kundan/-
U T
1 issue framed by the court
Whether the accused is entitled to bail in the instant proceedings.
1 provisions across 1 enactments
Suresh Chauhan
The State of Bihar
Birendra Kumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
