The Patna High Court granted regular bail to the petitioner accused of attempted murder and assault under the IPC. The court inclined to release him despite serious allegations, considering false implication, non-repetition of blows, and non-vital injury location.
Enlargement of the petitioner on bail on furnishing a bond of Rs. 10,000 with 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.28264 of 2020
Arising Out of PS. Case No.-75 Year-2020 Thana- SAHAR District- Bhojpur
======================================================
Raju Chaudhary Son of Late Dinanath Chaudhary R/o Village, P.O. and P.S.Sahar, Dist- Bhojpur.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
====================================================== Appearance : For the Petitioner/s : Mr. Manoj Kumar, Adv. For the Opposite Party/s : Mr. Anil Prasad Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER
4 08-12-2020
Heard learned counsel for the petitioner and learned
APP for the State through video conferencing.
The instant application for regular bail has been filed by the petitioner in connection with Sahar P.S. Case No. 75 of 2020 registered under sections 307, 324, 504 and 34 of the Indian Penal Code.
As per allegation in the FIR, it is stated by the informant that as a result of old dispute Raju Choudhary and Chhotan Choudhary came and started an altercation and thereafter left stating that the informant would be taught a lesson. It is stated that after some time they came with a hasuli and with the intention to kill, struck with the hasuli on the neck of the informant’s father which he defended with his hand and sustained serious injuries.
Patna High Court CR. MISC. No.28264 of 2020(4) dt.08-12-2020 2/3
It is submitted by learned counsel for the petitioner that from perusal of the F.I.R., it would transpire that the petitioner has been falsely implicated because of old dispute between the parties. It is further submitted that it has not been specified in the F.I.R. that as to who was carrying the hasuli and who gave the blow. Further there was no repetition of blow and the injury is on a non-vital part of the body. The petitioner has no criminal antecedent and is in custody since 22.5.2020.
The application for bail is opposed by learned APP
for the State.
Having heard learned counsel for the parties and taking into consideration the submissions made on behalf of the petitioner together with the petitioner being in custody since 22.5.2020, this Court is inclined to enlarge the petitioner on bail. The petitioner is directed to be enlarged on bail in connection with Sahar P.S. Case No. 75 of 2020 on his furnishing bail bond of Rs.10,000/ (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned ACJMVI/concern Court, Bhojpur at Ara.
(Partha Sarthy, J)
Bibhash/-
U T
Patna High Court CR. MISC. No.28264 of 2020(4) dt.08-12-2020 3/3
2 issues framed by the court
Whether the petitioner is entitled to regular bail in offences under sections 307, 324, 504 and 34 of the IPC considering false implication and lack of repetition of blow.
Whether the injuries sustained are on a vital part of the body affecting the bail decision.
1 provisions across 1 enactments
Raju Chaudhary
The State of Bihar
Partha Sarthy
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
