The High Court granted bail to petitioners accused under Section 307 IPC in a较去年 assault case, directing them to furnish bonds with two sureties each of Rs.10,000.
Enlargement on bail by furnishing bail bonds of Rs.10,000 each with two sureties of the like amount to the satisfaction of the Chief Judicial Magistrate, 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.28563 of 2018
Arising Out of PS. Case No.-70 Year-2018 Thana- BARHARIA District- Siwan
... ... Petitioner/s
Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Rama Kant Sharma, Sr. Advocate Mr. Lakshmi Kant Sharma For the Opposite Party/s : Mr. Rajendra Singh Shastriji ====================================================== CORAM: HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL ORDER
Heard learned counsel for the petitioners and
learned APP for the State.
Petitioners seek bail in connection with Barhariya P.S. Case No. 70 of 2018 for offences punishable under Section 307 and other allied Sections of the Indian Penal Code.
The prosecution case, as lodged by the informant Block Development Officer, Barhariya Block, is that a meeting was called by the Pramukh and when he went to attend the meeting, the brother-in-law of Pramukh Amirullah Saifi assaulted him with iron chair along with Israil Hussain, husband of Pramukh Enullah Saifi and
Patna High Court Cr.Misc. No.28563 of 2018(2) dt.11-05-2018 2/3
Imteyaz Ahmad. It is alleged that the petitioners along with other co-accused also assaulted the informant.
It has been submitted by the learned counsel for the petitioners that they are innocent, bear no criminal history and the incident is alleged to have happened in the office of the Pramukh and it is the informant who resorted to unparliamentary action against the Pramukh for which she had lodged an F.I.R. being Barhariya P.S. Case No. 71 of 2018 for the same incident on the same day. He submits that the injury has been found to be only one and allegation is against many persons to have assaulted him. He further submits that one of the co-accused named in the F.I.R. has since been granted privilege of bail by a coordinate Bench of this Court in Cr. Misc. No. 24240 of 2018 vide order dated 26.04.2018 and petitioners are languishing in judicial custody since 13.03.2018.
However, learned APP for the State opposes the prayer for bail.
Considering the facts and circumstances and the materials on record, let petitioners, above named, be enlarged on bail on furnishing bail bonds of Rs.10,000/(Ten Thousand) each with two sureties of the like amount
Patna High Court Cr.Misc. No.28563 of 2018(2) dt.11-05-2018 3/3
each to the satisfaction of learned Chief Judicial Magistrate, Siwan, in connection with Barhariya P.S.
Case No. 70 of 2018.
(Nilu Agrawal, J)
Rajesh/-
U T
2 issues framed by the court
Whether the petitioners should be enlarged on bail in connection with the offences under Section 307 IPC.
Whether the prima facie case and circumstances warrant the grant of bail to the accused.
1 provisions across 1 enactments
Laddan & Anr.
State of Bihar
Nilu Agrawal
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
