The Patna High Court granted regular bail to the petitioner in CPLC case under sections 307 IPC, considering the injury report, absence of criminal antecedents, and marriage of the petitioner's daughter.
The petitioner was enlarged on bail by furnishing a bond of Rs. 10,000 with two sureties of similar amount.
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.39841 of 2021
Arising Out of PS. Case No.-220 Year-2020 Thana- AMNAUR District- Saran
======================================================
RAJESH KUSHWAHA @ RAJESH PRASAD Son of Yogendra Prasad Kushwaha Resident of Village- Amnour Harnarayan, P.S.- Amnour, DistrictSaran at Chapra.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
====================================================== Appearance : For the Petitioner/s : Mr. Narendra Kumar, Adv. For the Opposite Party/s : Mr. Sanjay Kumar Sharma, Adv. ======================================================
CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY
ORAL ORDER
2 07-12-2021 Heard learned counsel for the parties.
The petitioner has preferred this application for grant of regular bail in a case registered under section 307 and other sections of the Indian Penal Code.
As per the prosecution case, the accused persons including the petitioner herein are stated to have come variously armed and of having assaulted the informant and others. Further allegation against the petitioner is of having assaulted the informant with a farsa.
It is submitted by learned counsel for the petitioner that the petitioner has been falsely implicated in the case. From the injury report of the informant, which is Annexure-3 to this petition, it would transpire that the injury has been found to be
Patna High Court CR. MISC. No.39841 of 2021(2) dt.07-12-2021 2/2
simple in nature. There is case and counter case between the parties. The petitioner is in custody since 29.6.2020 and has no criminal antecedent. Chargesheet has been submitted in the case.
It is further submitted by learned counsel for the petitioner that the urgency in taking up the matter out of turn is that the marriage of the daughter of the petitioner is scheduled to take place on 11.12.2021.
Heard learned A.P.P. for the State.
Having heard learned counsel for the parties and taking into consideration the facts of the case together with the contents of the injury report of the informant and the petitioner having remained in custody for 1 year 5 months, the Court directs the petitioner to be enlarged on bail in connection with Amnour P.S. Case no.220 of 2020 on furnishing bail bond of Rs.10,000/ (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Chief Judicial Magistrate, Saran at Chapra.
Saurabh/- U T
(Partha Sarthy, J)
1 issue framed by the court
Whether the petitioner is entitled to regular bail under section 437 CrPC given the nature of the charges and the duration of custody.
Rajesh Kushwaha
The State of Bihar
Partha Sarthy
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
