In criminal miscellaneous proceedings regarding an assault case, the Patna High Court allowed the petitioner's bail prayer. The petitioner was enlarged on bail by furnishing a bond of Rs. 10,000 with two sureties each.
Petitioner enlarged on bail on furnishing a bond of Rs. 10,000 with two sureties of the 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.16537 of 2021
Arising Out of PS. Case No.-233 Year-2019 Thana- SINGHESHWAR District- Madhepura
======================================================
BOBI SINGH @ OM PRAKASH SINGH Sonof Late Gajendra Singh @ Late Gajendra Prasad Singh Resident of Village - Rampur, Ward no.12, P.S.Singheshwar, Distt.- Madhepura.... ... Petitioner/s
Versus
The State of Biha ... ... Opposite Party/s
====================================================== Appearance : For the Petitioner/s : Mr.Dr. Sanjay Kumar Singh For the Opposite Party/s : Mr.A.G. ======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER
Heard learned counsel for the petitioner and the State.
The petitioner prays for grant of regular bail in a case registered for the offence punishable under section 307/34 and other ancillary sections of the Indian Penal Code.
As per the prosecution case, this petitioner assaulted the informant with Dabia causing grievous injury on the head.
Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in this case. Petitioner and informant are brothers and the scuffle took place on account of land dispute. Moreover, there is delay of 3 days in lodging the FIR and there is no explanation of the delay. He is in custody since 25.8.2020 and charges have already been framed.
Considering the aforesaid facts and circumstances of the case and the period of custody and the backdrop in which
Patna High Court CR. MISC. No.16537 of 2021(4) dt.18-11-2021 2/2
the incident took place, prayer for bail of the petitioner is allowed. Let the petitioner, as named above, be enlarged on bail on furnishing bail bond of Rs.10,000/-(ten thousand) with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Madhepura in Singheshwar Police Station Case No. 233 of 2019.
(Prabhat Kumar Singh, J)
shashi/-
U T
1 issue framed by the court
Whether to grant bail to the petitioner accused of assault under Sec. 307 IPC.
Bobi Singh @ Om Prakash Singh
The State of Bihar
Prabhat Kumar Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
