In a bail application, the Patna High Court enlarged the petitioner on bail by furnishing a bond of Rs. 10,000 with two sureties in connection with an FIR involving affray and attempt to murder.
Petitioner enlarged on bail on furnishing a bond of Rs. 10,000 with two sureties.
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.27487 of 2018
Arising Out of PS.Case No. -94 Year- 2018 Thana -AURANGABAD TOWN DistrictAURANGABAD
====================================================== Aman Kumar Singh S/o Arvind Singh, Resident of New Area, Maharana Pratap Nagar, Aurangabad, P.S.-Aurangabad (Town), District-Aurangabad.
.... .... Petitioner/s Versus The State of Bihar .... .... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Bhaskar Shankar For the Opposite Party/s : Mr. Sri Nagendra Prasad ====================================================== CORAM: HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL ORDER
2 09-05-2018 Heard learned counsel for the petitioner and learned
APP for the State.
Petitioner is languishing in judicial custody since 27.03.2018 in connection with Aurangabad (Town) P.S. Case No. 94 of 2018 for offences punishable under Sections 307, 147, 148, 149, 504, 436, 427, 160, 295A, 353 of the Indian Penal Code.
The prosecution case, as lodged by the police personnel, is that during the occasion of Ramnavmi while procession was being taken out, large number of persons of two communities resorted to brick bating and also raised slogans against each other. As many as 32 persons have been named in the F.I.R. including the petitioner.
It has been submitted by the learned counsel for the
Patna High Court Cr.Misc. No.27487 of 2018 (2) dt.09-05-2018
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petitioner that he is innocent, it was a mob attack between two communities and it is not evident as to who injured whom. He submits that one of the co-accused named in the F.I.R. has been granted the privilege of bail by a co-ordinate Bench of this Court vide order dated 07.05.2018 passed in Cr. Misc. No. 27704 of 2018.
However, learned APP for the State opposes the prayer
for bail.
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, Aurangabad in connection with Aurangabad (Town) P.S. Case No. 94 of 2018.
(Nilu Agrawal, J)
Devendra/-
U T
2 issues framed by the court
Whether the petitioner should be enlarged on bail in a criminal trial for offences under the Indian Penal Code.
Whether the apprehension of loss of co-accused on bail warrants denial of bail to the applicant.
Aman Kumar Singh
The State of Bihar
Nilu Agrawal
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
