High Court granted bail to petitioners in a dispute involving assault and affray under Sections 307, 323, 324 IPC. Court directed submission of bail bond with sureties within six weeks subject to Section 438(2) CrPC.
Bail granted subject to furnishing bail bond of Rs. 25,000 each with two sureties within six weeks.
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. 6366 of 2019
Arising Out of PS. Case No.-84 Year-2018 Thana- JOKIHAT District- Araria
======================================================
All Resident of Village - Shishua, P.S.- Jokihat, District- Araria.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
====================================================== Appearance : For the Petitioner/s : Mr.Gopal Kumar Jha For the Opposite Party/s : Mr.Ajay Kumar Jha ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER
Jokihat P.S.Case No. 84 of 2018 registered under Sections 307, 323, 324, 325, 341 and 504/34.
Allegation, as per FIR, is that due to passing of water through drainage, accused persons came and assaulted the informant by fist and slaps, lathi and danda and specific allegation against the petitioner no. 1 is that he assaulted the informant by sword and petitioner no. 2 assaulted the wife and brother of the informant by lathi and they disrobed the wife of the informant.
Submission of learned counsel for the petitioners is that admittedly there is dispute between the parties from before and
Patna High Court CR. MISC. No. 6366 of 2019(3) dt.02-04-2019 2/2
injuries are found simple in nature.
Heard learned APP also.
Having heard both sides and in the facts and circumstances, as stated above, let the petitioners, abovenamed, in the event of arrest or surrender before the court below within a period of six weeks from the date of receipt of a copy of this order, be released on bail upon furnishing bail bond of Rs. 25,000/- (Rupees twenty five thousand) each with two sureties of the like amount each to the satisfaction of the learned CJM, Araria in connection with Jokihat P.S. Case No. 84 of 2018; subject to condition as laid down under Section 438(2) of the Code of Criminal Procedure.
(Vinod Kumar Sinha, J)
sujit/-
U T
2 issues framed by the court
Whether the petitioners should be released on bail with adequate sureties upon furnishing a bail bond.
Whether the condition of arrest or surrender before the court within six weeks should be imposed for bail release.
1 provisions across 1 enactments
Om Prakash Yadav and others
State of Bihar
VINOD KUMAR SINHA
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
