The Patna High Court granted bail to the petitioner in a criminal case involving offences under sections 379/34, 307 of the IPC and Arms Act. The court noted the petitioner was an order-giver with no antecedents and the principal assailant was in custody.
Petitioner released on bail on Rs 10,000 with two sureties of like amount each.
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 71607 of 2019
Arising Out of PS. Case No.-176 Year-2019 Thana- SARAI District- Vaishali
======================================================
RAM PRASAD SINGH Son of Late Shivtaj Singh Resident of VillageAnjani, P.S.- Sarai, District- Vaishali.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
====================================================== Appearance : For the Petitioner/s : Mr Ajay Kumar Thakur, Advocate with M/s Malay Kr Choudhary, Pravin Kr, Advocates For the Opposite Party/s : M/s Ajit Kr, Mritunjay Kr, Advocates ====================================================== CORAM: HONOURABLE MR JUSTICE MADHURESH PRASAD
ORAL ORDER
2 03-12-2019
Heard learned counsel for the petitioner and the learned APP for the State.
Petitioner seeks bail in a case registered under Sections 34, 323, 448, 387, 307, 504, 506, 379/34 of Indian Penal Code and Section 27 of Arms Act.
It is submitted by the petitioner’s counsel that in view of subsisting land dispute, the occurrence took place wherein there is case and counter case. The counter case filed on behalf of the petitioner’s side wherein the petitioner’s son has been injured is in fact prior to the first information report lodged by the informant.
Learned counsel for the informant has opposed the prayer for bail. He has submitted that the delay has sufficiently
Patna High Court CR. MISC. No.71607 of 2019(2) dt.03-12-2019 2/3
been explained since the informant’s son was fighting with life and was requiring primary attention and only thereafter, first information report has been lodged by the informant.
This Court would find that the petitioner is only an order giver. The assailant, to whom the firearm is attributed, is already in custody. The petitioner has no criminal antecedent and is in custody since 04.06.2019.
Considering the rival submissions, this Court is inclined to accept the submission of the petitioner’s counsel.
Let the petitioner above named be released on bail on his furnishing bonds of Rs 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Vaishali, Hajipur in Sarai Police Station Case No 176 of 2019 subject to the following conditions:
(1) That one of the bailors will be a close relative of the petitioner who will give an affidavit giving genealogy as to how he is related with the petitioner. The bailor will also undertake to inform the Court if there is any change in the address of the petitioner.
(2) That the petitioner will be well represented on each date and if he fails to do so on two consecutive dates, his
Patna High Court CR. MISC. No.71607 of 2019(2) dt.03-12-2019 3/3
bail will be liable to be cancelled.
(Madhuresh Prasad, J)
M.E.H. /-
U T
1 issue framed by the court
Whether the petitioner is entitled to bail in a case involving Landes dispute and sections 379/34, 307 of IPC and Arms Act.
3 provisions across 2 enactments
Ram Prasad Singh
The State of Bihar
Madhuresh Prasad
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
