Petitioner sought bail for offences under Sections 341, 326, 307/34 IPC arising from a dispute over garbage disposal involving boiling ghee. Court granted bail on furnishing bond with sureties.
Petitioner enlarged on bail on furnishing bond of Rs.10,000 with two sureties under same conditions.
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IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.26046 of 2018
Arising Out of PS.Case No. -4 Year- 2018 Thana -BUXAR District- BUXAR
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Sonu Kumar, Son of Om Prakash Gupta, Resident of Village- Jai Muhalla Buxar, P.S.- Buxar (T), District- Buxar.
.... .... Petitioner/s Versus The State of Bihar. .... .... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Bachan Jee Ojha
For the Opposite Party/s : Mr. Sri Ramchandra Sahani
====================================================== CORAM: HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL ORDER
2 02-05-2018 Heard learned counsel for the petitioner, learned counsel for the informant and learned APP for the State.
Petitioner seeks bail in connection with Buxar (T) P.S. Case No. 04 of 2018 for offences punishable under Sections 341, 326, 307/34 of the Indian Penal Code.
The prosecution case, as lodged by the informant, is that there was a petty dispute regarding throwing of garbage and the petitioner along with co-accused Raj Kumar Modanwal threw boiling Ghee on the informant and his brother on which both of them received injury.
It has been submitted by the learned counsel for the petitioner that he is innocent, bears no criminal history and both sides owned sweet shop and due to rival dispute both parties
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quarreled and a counter case was lodged by the petitioner’s side being Buxar (T) P.S. Case No. 05 of 2018 for the same incident. He submits that the injuries on the petitioner’s side have been found to be grievous in nature on the vital part inflicted by the informant’s side and that other co-accused Raj Kumar Modanwal has been granted the privilege of pre-arrest bail by this Court.
However, learned counsel for the informant as well as learned APP for the State vehemently oppose the prayer for bail stating therein that on account of throwing Ghee on the informant, he has received 50% burn injury.
Considering the facts and circumstances and the materials on record, let petitioner, above named, be enlarged 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 Chief Judicial Magistrate, Buxar in connection with Buxar (T) P.S. Case No. 04 of 2018, subject to the condition that one of the bailors would be a close relative of the petitioner having sufficient immovable property, who will file an affidavit stating his relationship with the petitioner.
(Nilu Agrawal, J)
Devendra/U T
1 issue framed by the court
Whether the petitioner is entitled to be enlarged on bail in the said criminal case.
SONU KUMAR
THE STATE OF BIHAR
NILU AGRAWAL
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
