In a bail application in Barhariya PS Case No.70 of 2018 under various IPC sections, the High Court at Patna granted bail to the petitioner Kamod Prasad Narain Singh upon furnishing a bond and sureties.
Petitioner directed to be released on bail by furnishing a bond of Rs. 10,000 with two sureties of the like amount to the CJM, Siwan.
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.24240 of 2018
Arising Out of PS. Case No.-70 Year-2018 Thana- BARHARIA District- Siwan
======================================================
Kamod Prasad Narain Singh, Son of late Birendra Prasad Narain Singh, Resident of Village Guthani, PS Guthani, District Siwan.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
====================================================== Appearance : For the Petitioner/s : Mr. Lakshmi Kant Sharma For the Opposite Party/s : Mr. Sri Lalan Kumar ======================================================
CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR
ORAL ORDER
3 26-04-2018
Heard learned counsel for the petitioner and the
learned APP for the State.
Petitioner, already in custody, seeks bail in connection with Barhariya PS Case No.70 of 2018, registered under Sections 147, 149, 341, 342, 323, 307, 352, 353, 332, 333, 379, 504 and 120B of the Indian Penal Code.
Allegation in brief is that the petitioner being Chairman of the Pramukh Sangh called a meeting with the BDO, the informant and it is alleged that the chamber was bolted from outside and Amirullah Saifi assaulted him with an iron chair followed by Israil Hussain, husband of Enullah Saifi and Imtayaz Ahmad.
Learned counsel for the petitioner submits that it was an official meeting called by the petitioner being Chairman of
Patna High Court Cr.Misc. No.24240 of 2018(3) dt.26-04-2018 2/2
the Pramukh Sangh in which all Pramukhs participated but there is no overt act alleged against the petitioner rather the allegation of assaulting the informant is against Amirullah Saifi and others and only one lacerated wound was found over the head of the informant and it is an exaggerated version of the informant and the petitioner has no criminal antecedent.
Having considered the aforesaid facts and circumstances, petitioner Kamod Prasad Narain Singh is directed to be released 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 CJM, Siwan in connection with Barhariya PS Case No.70 of 2018.
(Arun Kumar, J)
S.KUMAR/-
U T
1 issue framed by the court
Whether the petitioner who is already in custody should be granted anticipatory bail or regular bail in the present case.
1 provisions across 1 enactments
Kamod Prasad Narain Singh
The State of Bihar
Arun Kumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
