In a criminal miscellaneous petition for bail, the Patna High Court accepted the petitioner's counsel's submissions regarding the nature of the injury and lack of criminal antecedents, granting bail upon furnishing a bond with sureties.
Petitioner released on bail by 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.24031 of 2021
Arising Out of PS. Case No.-138 Year-2019 Thana- CHHABILAPUR District- Nalanda
======================================================
Sako Rajbanshi, Son of Sadhu Rajbanshi, R/O Village-Duhai Suhai, P.S.Chhabilapur, District- Nalanda
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
====================================================== Appearance :
For the Petitioner/s : Mr.Anil Kumar Singh, Advocate For the Opposite Party/s : Mr. Manoj Kumar, APP ======================================================
CORAM: HONOURABLE MR. JUSTICE MADHURESH PRASAD ORAL ORDER
2 03-12-2021
Today being Friday, matters are being taken up through virtual mode as per current procedure for hearing.
Heard learned counsel for the petitioner and the learned APP for the State.
The petitioner seeks bail in connection with Chhabilapur P.S. Case No.138 of 2019 registered for the offence punishable under Sections 341, 323, 504, 506, 307, 354, 379, 34 of the Indian Penal Code.
The specific allegation in the F.I.R. is of indiscriminate assault by the accused persons, including the petitioner, over a dispute regarding asserting right over agricultural produce in the farmland.
Counsel for the petitioner submits that at the spur of the moment, occurrence has taken place. While asserting right
Patna High Court CR. MISC. No.24031 of 2021(2) dt.03-12-2021 2/3
over the agricultural produce, the petitioner has falsely been implicated in this case. Based on such subsisting dispute regarding title of the land in question and having no criminal antecedents, the petitioner is stated to be in custody now since 03.12.2020. Referring to photo copy of the injury report (Annexure 2), the petitioner’s counsel further submits that the injuries attributed to the petitioner are simple in nature.
Learned APP for the State has opposed the prayer for
bail.
Considering the rival submission as also the facts and circumstances of the case, this Court for the purposes of grant of bail is inclined to accept the submissions advanced by the petitioner’s counsel. Prayer for bail of the petitioner is allowed.
Accordingly, let the petitioner, above named, 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 the learned Additional Chief Judicial MagistrateV, Nalanda at Biharsharif, in connection with Chhabilapur P.S. Case No.138 of 2019, subject to the following conditions:
(i) That one of the bailors will be a close relative of the petitioner who will give an affidavit giving genealogy as
Patna High Court CR. MISC. No.24031 of 2021(2) dt.03-12-2021 3/3
to how he is related with the petitioner. The bailor will also undertake to inform the court if there is any change in the address of the petitioner.
(ii) That the petitioner will be well represented on each date and if he fails to do so on two consecutive dates, his bail bond will be liable to be cancelled.
This Court would expect that the petitioner’s counsel would honour his undertaking in the instant proceedings regarding supply of the requisite court fee etc. within two weeks from the date he is called upon to do so by the office.
(Madhuresh Prasad, J)
PNM
U T
1 issue framed by the court
Whether the petitioner is eligible for bail in a case involving offences under Sections 341, 323, 504, 506, 307, 354, 379 IPC.
Sako Rajbanshi
The State of Bihar
Madhuresh Prasad
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
