The High Court allowed bail to the petitioner in a criminal case involving alleged assault and offences under IPC and the Witchcraft Act, directing him to furnish a bond with two sureties.
The petitioner was enlarged on bail by furnishing a bond of Rs. 10,000 with two sureties of the like amount each, subject to conditions.
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.30059 of 2018
Arising Out of PS.Case No. -261 Year- 2017 Thana -MOTIHARI MUFASIL DistrictEASTCHAMPARAN(MOTIHARI)
====================================================== Lalbabu Rai, Son of Late Rudal Rai, Resident of Village- Basantepur, P.S.Muffasil, District- East Champaran.
.... .... Petitioner/s
Versus 1. The State of Bihar. .... .... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Anuj Kumar For the Opposite Party/s : Sri Parmeshwar Mehta
====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY KUMAR ORAL ORDER
The petitioner seeks bail in connection with Muffasil P.S. Case No. 261 of 2017 registered for offences punishable under sections 341, 342, 323, 307, 379, 504, 506/34 of the Indian Penal Code and section 3/4 of the Witchcraft Act.
The allegation as per FIR is that this petitioner and four others named in the FIR armed with lethal weapons came over the land of informant and started ploughing. On the protest of informant and his family members, the accused person brutally assaulted them. The allegation against this petitioner is that he had assaulted the brother of informant by iron rod which caused fracture injury on his person.
Patna High Court Cr.Misc. No.30059 of 2018 (3) dt.03-07-2018
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It has been submitted that both the parties are agnates and there is a bona fide land dispute between the parties. The allegation of assault and snatching money and a gold chain from the brother of informant is omnibus. The petitioner is in custody since 01.02.2018 having clean antecedent.
Considering the facts and circumstances of the case, the prayer for bail of the petitioner is allowed and he is directed to be enlarged on bail on furnishing bail bonds of Rs. 10,000/with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, East Champaran, Motihari in connection with Muffasil P.S. Case No. 261 of 2017, subject to the following conditions:-
(ii)The petitioner will not induce any witness or tamper with the evidence. (iii) The petitioner shall cooperate in the disposal of trial and make himself available as and when required by the court.
(Sanjay Kumar, J)
Mahesh/-
U T
2 issues framed by the court
Whether the petitioner is entitled to bail in a case involving offences under IPC sections 341, 342, 323, 307, 379, 504, 506 and the Witchcraft Act.
Whether the alleged aggregation of charges warrants denial of bail or if the petitioner should be discharged into bail.
Lalbabu Rai
The State of Bihar
Sanjay Kumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
