The Patna High Court granted bail to the petitioner in a case involving offences under various sections of the IPC, directing release after six months of custody upon furnishing bail bonds with sureties.
Release on bail after six months in custody, subject to furnishing bonds of Rs. 10,000 and two sureties.
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.4776 of 2019
Arising Out of PS. Case No.-150 Year-2018 Thana- KARAHGAR District- Rohtas
======================================================
Kapilmuni Ram Late Vishwanath Ram Resident of Village- Bholhari, P.S.Sirhi O.P. Kagahar, District- Rohtas.
... ... Petitioner/s
Versus
The State Of Bihar
... ... Opposite Party/s
====================================================== Appearance : For the Petitioner/s : Mr. Vikramdeo Singh, Mr. Sada Nand Roy For the Opposite Party/s : Mr.Sanjay Kumar Sharma For the informant : Mr. Babu Nandan Prasad. ======================================================
CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH
ORAL ORDER
3 10-04-2019
Heard learned counsel for the petitioner and learned
APP for the State.
The petitioner seeks bail in a case instituted for the offences under Sections 147, 148, 149, 341, 323, 325, 448, 307 and 380 of the Indian Penal Code.
Allegation against the accused persons variously armed after forming an unlawful assembly assaulted the informant causing injury to him.
It has been submitted on behalf of the petitioner that the petitioner is in custody since 27.11.2018. There is no allegation of tampering of witnesses alleged against the petitioner. Charge-sheet has been submitted in the present case. The petitioner has falsely been implicated in the present case.
Patna High Court CR. MISC. No.4776 of 2019(3) dt.10-04-2019 2/2
There is case and counter case between the parties. Both the parties are said to have been injured in course of occurrence. A free fight is alleged to have taken place between the parties. It is further submitted that the petitioner may be released after completion of six months in custody.
On behalf of the State, it is submitted that the petitioner is named in the F.I.R.
Considering the aforesaid facts and circumstances, it is directed that after completion of six months in custody , 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 Sri Ratnesh Kumar Singh, A.C.J.M., Sasaram, Rohtas in connection with Kargahar P.S. Case No. 150/2018.
Pankaj/-
U
(Sudhir Singh, J)
2 issues framed by the court
Whether the petitioner is entitled to bail after six months of custody pending trial in a case of unlawful assembly causing injury.
Whether the alleged false implication warrants grant of bail with conditions.
1 provisions across 1 enactments
Kapilmuni Ram Late Vishwanath Ram
The State Of Bihar
Sudhir Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
