In a bail application, the High Court directed petitioners to remove defects within four weeks and subsequently granted bail based on clean antecedents and lack of tampering risk, subject to standard conditions.
Petitioners released on bail on furnishing bond of Rs. 10,000 each with two sureties of the like 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.10721 of 2022
Arising Out of PS. Case No.-96 Year-2021 Thana- AKHODHIGOLA District- Rohtas
======================================================
... ... Petitioner/s
Versus
THE STATE OF BIHAR Bihar
... ... Opposite Party/s
====================================================== Appearance : For the Petitioner/s : Mr. Krishna Prasad Singh, Sr. Adv. Mr.Mithilesh Kumar Singh, Adv. For the Opposite Party/s : Mr.Shyameshwar Dayal, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR PANDEY ORAL ORDER
The present matter has been listed under the heading “To Be Mentioned” on the basis of mention slip filed on behalf of the petitioners.
Let the defect(s), as pointed out by the office, be removed within a period of four weeks from today.
Heard learned counsel for the petitioners and learned A.P.P. for the State.
The petitioners seek bail in connection with Akorhigola P.S. Case No. 96 of 2021 registered for the offences punishable under Sections 307, 324, 325, 323, 337, 504, 506, 341, 34 of the Indian Penal Code and later on Section 302 of the
Patna High Court CR. MISC. No.10721 of 2022(3) dt.29-09-2022 2/3
IPC was added.
As per prosecution case, in later portion of the FIR the petitioners are alleged to have assaulted both devar of the informant.
Learned counsel for the petitioners submits that petitioners are in custody since 16.12.2021 and bear no criminal antecedent. Charge sheet has been submitted in the case and there is no likelihood of tampering with the prosecution evidence. He further submits that there is general and omnibus allegation of assault against the petitioners and they have falsely been implicated due to dirty village politics. He further submits that except petitioner no. 3, all the petitioners are ladies. He further submits that co-accused Munna Kumar had parked his pickup van in parti land in front of informant’s house for which some altercation took place between the parties which resulted in free fight but entire family members including the petitioners were made accused in this case only with a view to harass them.
The learned A.P.P. for the State opposes the prayer for bail of the petitioners.
Considering the facts and circumstances of the case, period of custody, keeping in view clean antecedent of petitioners, charge sheet has been submitted in the case and
Patna High Court CR. MISC. No.10721 of 2022(3) dt.29-09-2022 3/3
there is no likelihood of tampering with the prosecution evidence, argument advanced on behalf of both sides and also taking into consideration the material available on record, let the petitioners above named be released on bail on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of learned S.D.J.M., Dehri, Rohtas in connection with Akorhigola P.S. Case No. 96 of 2021, subject to following conditions:-
(i) One of the bailors shall be either father or mother or sister or brother or wife or the person who has sworn the affidavit in bail application.
(ii) Petitioners will co-operate in trial and will remain present on all dates and absence for two consecutive dates without appropriate permission, would be a ground for cancellation of bail by the learned Trial court itself.
(iii) If the petitioners tamper with the evidence or the witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail.
(Alok Kumar Pandey, J)
shahzad/-
U T
2 issues framed by the court
Whether the petitioners are entitled to bail in charges for attempted murder and other offences?
Whether the bail conditions of furnishing bond and sureties are sufficient to grant bail?
2 provisions across 1 enactments
Meera Kumari
Bhuari Devi
Sheo Dayal Chandravanshi
The State of Bihar
Allok Kumar Pandey
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
