In a bail application under Sections 341, 323, 324, 307 IPC, the petitioner, alleged to be implicated due to village politics, sought release. The High Court directed release on bail subject to standard conditions.
Released on bail with bond of Rs. 10,000 and two sureties on standard 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.23485 of 2021
Arising Out of PS. Case No.-88 Year-2020 Thana- CHHATAPUR District- Supaul
======================================================
Kamal Sah @ Kamaldev Sah Son of jai Ballav Sah @ Jalim Sah Resident of Village - Mohanpur, P.s.- Chhatapur, Dist.- Supaul.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Tarkeshwar Pd. Verma, Advocate For the Opposite Party/s : Mr. Syed Ehtashamuddin, APP. ======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER
3 17-11-2021
Heard learned counsel for the petitioner and learned APP for the State.
The petitioner seeks regular bail in connection with Chhatapur P.S.Case No.88 of 2020 registered for the offence under Sections 341, 323, 324, 307, 504 and 506/34 of the IPC (later on Section 302 of the IPC was added).
As per prosecution case, when the informant protested construction over a sight, the accused persons badly assaulted the informant and his family members due to which one of the sons of the informant died in course of treatment.
Learned counsel for the petitioner submits that the petitioner has committed no offence and he has falsely been implicated in this case due to dirty village politics. He further submits that the petitioner and the informant are agnates of the
Patna High Court CR. MISC. No.23485 of 2021(3) dt.17-11-2021 2/2
petitioner. He further submits that similarly situated co-accused Jai Ballav Sah @ Jalim Sah has already been granted regular bail passed in Cr.Misc.No. 31270 of 2020 dated 04.12.2020.
However, learned APP for the State vehementally opposed the prayer for regular bail.
In the facts and circumstances of the case, the above named petitioner is directed to be released on bail on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned ACJM VI, Supaul in connection with Chhatapur P.S.Case no.88 of 2020 with following conditions:-
(i) 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 on his/her absence on two consecutive dates without sufficient reason, his/her bail bond shall be cancelled by the Court below.
(ii) If the petitioner tampers with the evidence or the witnesses, in that case the prosecution will be at liberty to move for cancellation of bail.
(Rajesh Kumar Verma, J)
brajesh kumar/- U T
1 issue framed by the court
Whether to grant regular bail to the petitioner in the present circumstances.
1 provisions across 1 enactments
Kamal Sah @ Kamaldev Sah
The State of Bihar
Rajesh Kumar Verma
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
