The Patna High Court granted bail to two petitioners charged with offences under various sections of the IPC read with Section 34. The court directed them to furnish a bail bond of Rs. 25,000 each along with two sureties of the same amount.
Directed petitioners to be enlarged on bail on furnishing bail bond of Rs. 25,000/- each 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.15299 of 2021
Arising Out of PS. Case No.-24 Year-2020 Thana- DHIBRA District- Aurangabad
======================================================
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
====================================================== Appearance : For the Petitioner/s : Mr.Sanjay Kumar For the Opposite Party/s : Mr.Dilip Kr. No.1 ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN
ORAL ORDER
Learned counsel for the petitioners undertakes to remove the defects within four weeks of resumption of normal court proceeding. In the eventuality of non-removal of defects within undertaken period, office will place the matter before the Bench.
The petitioners seek bail in connection with Dhhibra P.S. Case No.24 of 2020 registered for the offence punishable under Sections 341/ 323/ 326/ 307/ 504/ 506/ 34 of the Indian Penal Code.
The prosecution case in short is that on 07.10.2020, at night co-villagers of the informant came with tangi and attacked
Patna High Court CR. MISC. No.15299 of 2021(2) dt.19-07-2021 2/3
his wife. It is alleged that the petitioner Sanjay Yadav assaulted on her head due to which blood began to ooze out and Vijay Yadav also assaulted her with tangi on head. They tried to assault the informant as well but due to assembling of others, they could not do so.
It is submitted by learned counsel for the petitioners that petitioners are quite innocent and have not committed any offence as alleged in the FIR. No offence as alleged ever took place. They have been falsely implicated in this case due to enmity. There is general and omnibus allegation against the petitioners. The occurrence took place due to a quarrel where they were pushing and shoving each other and she herself fell down and sustained minor injuries. The injury report does not support the prosecution case of three injuries. The lacerated injury of only small laceration by hard and blunt substance completely falsifies the allegation that tangi had been used in the assault. Moreover, there is only one injury on the head whereas in the FIR both the petitioners are alleged to have given blows by tangi. The petitioners have no criminal antecedent and have been languishing in custody since 08.10.2020.
Learned APP for the State opposed the prayer for bail. Considering the facts and circumstances of this case, the
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above named petitioners are directed to be enlarged on bail on 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 Chief Judicial Magistrate, Aurangabad, in connection with Dhhibra P.S. Case No.24 of 2020.
(Anjani Kumar Sharan, J)
pallavi/-
U T
3 issues framed by the court
Whether the petitioners are entitled to bail in a criminal case involving assault and attempt to murder allegations.
Whether the lack of criminal antecedents and discrepancies between injuries and allegations warrant release.
What amount of surety bond is required for bail in this case.
1 provisions across 1 enactments
Sanjay Yadav
Vijay Yadav
The State of Bihar
Anjani Kumar Sharan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
