The High Court at Patna granted bail to the petitioner, accused of violent assault and other offenses under the IPC, directing him to furnish a bond of Rs. 10,000 with two sureties.
Petitioner released on bail by furnishing bonds of Rs. 10,000 with two sureties of like amount to the A.C.J.M. IV, Sitamarhi.
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.10820 of 2019
Arising Out of PS. Case No.-201 Year-2018 Thana- SONBERSA District- Sitamarhi
======================================================
Shyam Mahto @ Shyam Kumar S/o Badri Mahato village-Kachaharipur, P.SSonbarsa, Distt. Sitamarhi
... ... Petitioner/s
Versus
THE STATE OF BIHAR
... ... Opposite Party/s
====================================================== Appearance : For the Petitioner/s : Mr.Alok Kumar Alok For the Opposite Party/s : Mr.Anish Chandra ======================================================
CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER
5 01-07-2019
Heard learned counsel for the petitioner and learned
APP for the State.
The petitioner seeks bail in a case registered under Sections 341, 323, 324, 307, 385, 427, 387, 504 of the Indian Penal Code.
Allegation is that the accused persons including the petitioner assaulted the informant by means of lathi, danda, dabiya, iron rod, due to which he sustained injuries.
It has been submitted on behalf of the petitioner that the petitioner is in custody since 25.12.2018 and has got no criminal antecedent. Charge sheet has been submitted in this case. There is no allegation of tampering of witnesses alleged against the petitioner. The petitioner has falsely been implicated in the present case. It is a case and counter case between the
Patna High Court CR. MISC. No.10820 of 2019(5) dt.01-07-2019 2/2
parties. The accused persons are said to have injured in course of occurrence. The injuries on the accused persons have not been explained by the prosecution. The prosecution has not come with clean hands.
On behalf of the State, it is submitted that the petitioner is named in the F.I.R.
Considering the aforesaid facts and circumstances, let the petitioner, above named, 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 A.C.J.M. IV, Sitamarhi in connection with Sonbarsa P.S. case No.201 of 2018.
(Sudhir Singh, J)
Narendra/-
2 issues framed by the court
Whether the petitioner, accused in a case of assault and endangering life, should be granted bail.
Whether the petitioner has sufficient grounds for bail given the nature of allegations and lack of criminal antecedents.
1 provisions across 1 enactments
Shyam Mahto @ Shyam Kumar
The State of Bihar
Sudhir Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
