The Patna High Court granted bail to the petitioner in PS Case No. 332 of 2018 involving serious offences including attempt to murder, on furnishing a bail bond of Rs. 10,000 with sureties and adhering to specified conditions.
Petitioner released on bail upon furnishing Rs. 10,000 bond with two sureties and complying with court conditions.
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.80037 of 2018
Arising Out of PS. Case No.-332 Year-2018 Thana- BAHERA District- Darbhanga
======================================================
Amiri Lal Yadav S/o Late Gyani Yadav R/v-Malaul, P.S-Bahera,Distt.Darbhanga.
... ... Petitioner/s
Versus
The State Of Bihar
... ... Opposite Party/s
====================================================== Appearance : For the Petitioner/s : Mr.Girish Chandra Jha For the Opposite Party/s : Mr.Sri Vinod Shankar Modi ======================================================
CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER
3 20-02-2019 Heard learned counsel for the parties.
Petitioner seeks bail in Bahera P.S. Case No. 332 of
2018 registered for the offence punishable under Sections 341, 323, 337, 324, 307/34 of the Indian Penal Code.
Informant in his written complaint has alleged that on instigation of petitioner, Ganpat Yadav fired upon the Informant as a result of which he sustained fire arm injury in his abdomen.
It has been submitted on behalf of the petitioner that he is innocent and has been falsely implicated in this case due to land dispute. There is no allegation of any specific overt act committed by the petitioner. Petitioner has got no criminal antecedent and is in custody since 07.11.2018.
Considering the aforesaid facts and circumstances of the case, let the petitioner named above be released on bail upon
Patna High Court Cr.Misc. No.80037 of 2018(3) dt.20-02-2019 2/2
furnishing bail bond of Rs. 10,000/- with two sureties of the like
amount each to the satisfaction of learned Additional Chief
Judicial Magistrate, Benipur, Darbhanga, in connection with
Bahera P.S. Case No. 332 of 2018 , with following conditions:-
(1)Bailors should be local having sufficient immovable property within the jurisdiction of the court concerned.
(2) Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the court and shall remain physically present as directed by the Court and his/her absence on two consecutive dates without sufficient reason, his/her bail bond shall be cancelled by the court below.
(3) If the petitioner tampers with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioner.
(S. Kumar, J)
ranjan/-
U
1 issue framed by the court
Whether bail should be granted to the petitioner charged with offences under Sections 341, 323, 337, 324, and 307/34 of the Indian Penal Code.
Amiri Lal Yadav
The State Of Bihar
S. Kumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
