This criminal miscellaneous petition concerned an application for bail in a case involving Section 307 IPC. The court granted bail noting the total nature of injuries and a counter-case.
Petitioner released on bail on furnishing bonds of Rs. 10,000 with two sureties of like amount.
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.43403 of 2018
Arising Out of PS.Case No. -100 Year- 2017 Thana -SHAKURABAD District- JEHANABAD
====================================================== 1. Upendra Paswan Son of Sheo Mohan Paswan, Resident of Village- Aira, P.S.- Shakurabad, District- Jehanabad.
.... .... Petitioner Versus
.... .... Opposite Party ====================================================== Appearance : For the Petitioner/s : Mr. Umesh Kumar For the Opposite Party/s : Mr. Awadhesh Kumar Singh
====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER
2 19-07-2018 Heard learned counsel for the petitioner as well as learned Additional Public Prosecutor for the State.
Petitioner seeks bail in a case registered for the offences punishable under Section 307 and other allied sections of the Indian Penal Code.
Petitioner is said to have given garasa blow causing head injury to informant’s father. The impugned order goes to show that complete injury report could not be obtained by the concerned investigating officer till 28.05.2018 though the occurrence had taken place on 14.09.2017. Moreover, the impugned order also goes to show that there is case and counter case between the parties.
Considering the aforesaid facts and circumstances as
Patna High Court Cr.Misc. No.43403 of 2018 (2) dt.19-07-2018
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well as submissions of the parties, let the petitioner be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate-cum-Sub Judge-1, Jehanabad in connection with Shakurabad P.S. Case No. 100 of 2017.
(Hemant Kumar Srivastava, J)
SHAHZAD/-
U T
1 issue framed by the court
Whether the petitioner is entitled to be released on bail given the nature of the grievance injuries and the existence of a counter-case.
1 provisions across 1 enactments
Upendra Paswan
The State of Bihar
Hemant Kumar Srivastava
As recorded by the court registry
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