This court granted bail to petitioners charged under sections 147, 148, 149, 341, 323, 384, 379, 307 of the Indian Penal Code and section 27 of the Arms Act for assault. Conditions included a close relative as bailor and representation on all dates.
Petitioners to be released on bail on furnishing bond of Rs. 10,000/- with two sureties of like amount.
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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.38141 of 2021
Arising Out of PS. Case No.-32 Year-2020 Thana- SAUR BAZAR District- Saharsa
... ... Petitioner/s
Versus
The State of Bihar\
... ... Opposite Party/s
====================================================== Appearance : For the Petitioner/s : Mr. Pramod Mishra For the Opposite Party/s : Mr. A.G ======================================================
CORAM: HONOURABLE MR. JUSTICE MADHURESH PRASAD ORAL ORDER
2 14-12-2021
Heard learned counsel for the petitioners and learned
APP for the State.
This Court would expect that the petitioners’ counsel would honour his undertaking in the instant proceedings regarding supply of requisite court fee etc. within two weeks from the date he is called upon to do so by the office.
Petitioners seek bail in connection with Sour Bazar (O.P. Patarghat) P.S. Case No. 32 of 2020 registered under Sections 147, 148, 149, 341, 323, 384, 379 and 307 of the Indian Penal Code and Section 27 of the Arms Act.
The petitioners and others are alleged to have assaulted the informant with butt and other weapons. Co-
Patna High Court CR. MISC. No.38141 of 2021(2) dt.14-12-2021 2/3
accused Bijendra Yadav is alleged to have assaulted with butt of gun on the head of the informant and has been allowed bail in Cr. Misc. 33283/2020.
Learned petitioners’ counsel submits that informant got as many as five injuries but all the injuries are simple in nature. Petitioners are in jail since 06.03.2021. It is submitted that petitioner no. 1 and petitioner no. 2 have five and four antecedents respectively and they are on bail in all the cases.
Learned APP has opposed the prayer for bail.
Considering the rival submissions 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 petitioners’ counsel. Prayer for bail of the petitioners are allowed. Let the petitioners above named be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Saharsa in Sour Bazar (O.P. Patarghat) P.S. Case No. 32 of 2020,subject to the following conditions:-
(i) That one of the bailors will be a close relative of the petitioners who will give an affidavit giving genealogy as to how he is related with the petitioners. The bailor will also
Patna High Court CR. MISC. No.38141 of 2021(2) dt.14-12-2021 3/3
undertake to inform the Court if there is any change in the address of the petitioners.
(ii) That the petitioners will be well represented on
each date and if they fail to do so on two consecutive dates, their bail bond will be liable to be cancelled.
(Madhuresh Prasad, J)
SUMIT/-
U T
1 issue framed by the court
Whether the petitioners are entitled to bail in a bailable offence connected with assault and injury cases.
RAMDAS YADAV S/o Late Jagdish Yadav
RAJKISHOR YADAV @ BUCHO YADAV S/o Late Sukhdeo Yadav
The State of Bihar
MADHURESH PRASAD
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
