Petitioner sought bail in a criminal appeal involving assault and attempted murder charges. The court directed release on bail upon furnishing a bond with two sureties.
Petitioner released on bail with a bond of Rs. 10,000/- and two sureties of like amount each.
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IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.49017 of 2018
Arising Out of PS.Case No. -39 Year- 2018 Thana -KASIMBAZAR District- MUNGER
====================================================== Prince Kumar, Son of Pradip Kumar @ Deepak Kumar, Resident of Village/Mohalla- Belan Bazar, Police Station- Kasim Bazar, DistrictMunger.
.... .... Petitioner/s
The State of Bihar
Versus .... .... Opposite Party/s
====================================================== Appearance : For the Petitioner/s : Mr. Sanjiv Kumar Singh, Advocate For the Opposite Party/s : Mr. Yogendra Kumar, APP ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA MISHRA ORAL ORDER
2 18-08-2018 Heard learned counsel for the petitioner and the learned counsel appearing on behalf of the State.
The petitioner is in custody since 27.06.2018 in connection with Kasim Bazar P.S. Case No.39 of 2018 registered for the offence under Sections 341, 323, 307, 504, 379 and 34 of the Indian Penal Code.
Learned counsel for the petitioner submits that though it is alleged that the petitioner had given a Chaku blow to the informant, the injuries, which are purported to have been found on the person of the informant, have been found to be caused by hard and blunt substance. It is further submitted that the prosecution story stands belied by the medical report. Learned counsel for the petitioner further submits that the
Patna High Court Cr.Misc. No.49017 of 2018 (2) dt.18-08-2018
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petitioner is not having any criminal antecedent and thus he may be extended the privilege of bail.
In view of the aforementioned facts and circumstances, let the petitioner, above named, be released on bail on his furnishing bail bond of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Munger, in connection with Kasim Bazar P.S. Case No.39 of 2018.
(Anjana Mishra, J)
PNM
U T
2 issues framed by the court
Whether the petitioner is entitled to be released on bail considering discrepancy between injury causation and alleged assault and lack of criminal antecedents.
Whether bail conditions should be imposed warranting sureties for release on bail.
1 provisions across 1 enactments
Prince Kumar
The State of Bihar
Anjana Mishra
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
