The High Court granted bail to the petitioner in a case involving accused in Sections 307 and 504 IPC, directing him to furnish a bond with sureties.
Directed to be enlarged on bail by furnishing a bond of Rs. 10,000 with two sureties of the like amount each to the Additional Chief Judicial Magistrate I, Barh, Patna.
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.27271 of 2021
Arising Out of PS. Case No.-330 Year-2020 Thana- BARH District- Patna
======================================================
Bharat Paswan Son Of Singeshwar Paswan Resident of Village - Sarkatti, P.S.- Barh, Distt.- Patna.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
====================================================== Appearance : For the Petitioner/s : Mr.Manoj Kumar Pandey For the Opposite Party/s : Mr.Binod Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER
3 22-11-2021 Heard both parties.
The petitioner seeks bail in Barh P.S. Case No. 330 of 2020, registered for the offence punishable under Sections 307, 504 of the Indian Penal Code and section 27 of the Arms Act.
As per the prosecution case, this petitioner fired from his country made pistol which hit left ear of the informant.
It is submitted on behalf of the petitioner that the Doctor has found the injury to be simple in nature and caused by pellet firing. Petitioner has falsely been implicated in this case by his co-villager Amresh Prasad and Suresh Prasad, as they have assaulted the wife of petitioner because petitioner was constructing a house on his land and in this regard, a complaint has been field before the Director SC/ST Ayog on 04.06.2020. Moreover, there is delay of one day in lodging of the FIR for
Patna High Court CR. MISC. No.27271 of 2021(3) dt.22-11-2021 2/2
which there is no plausible explanation. Petitioner claims clean antecedent and he is in custody since 26.09.2020.
Considering the facts and circumstances of the case, the petitioner above-named, is directed to 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 the learned Additional Chief Judicial Magistrate I, Barh, Patna in connection with Barh P.S. Case No. 330 of 2020.
(Prabhat Kumar Singh, J)
vinita/-
U T
2 issues framed by the court
Whether the petitioner should be granted bail in the PSP. Case No. 330 of 2020.
Whether the alleged delay in lodging the FIR justifies bail.
Bharat Paswan
The State of Bihar
Prabhat Kumar Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
