In a criminal miscellaneous petition seeking regular bail in a domestic dispute FIR involving assault and attempt to murder, the court granted bail subject to provision of sureties and bonds.
Petitioner granted bail on furnishing a bond of Rs. 20,000 with two sureties of like amount subject to conditions under Section 437(3) Cr.P.C.
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.13114 of 2022
Arising Out of PS. Case No.-11 Year-2021 Thana- KUMAR KHAND District- Madhepura
======================================================
Pankaj Sah @ Pankaj Kumar Sah S/o Dularchand Sah Resident of VillageKupari, Ward No.14, P.S.- Kumarkhand, District- Madhepura.
... ... Petitioner
Versus
The State of Bihar
... ... Opposite Party ====================================================== Appearance : For the Petitioner/s : Mr. Kumar Vishoka Nand, Advocate. For the Opposite Party/s : Mr. Ajit Kumar, APP. ======================================================
CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER
2 13-07-2022
Heard learned counsel for the petitioner and learned
A.P.P. for the State.
The petitioner seeks regular bail in connection with Kumarkhand (Bhatani O.P.) P.S. Case No. 11 of 2021 lodged under Sections 323/ 341/ 307 and 34 of the Indian Penal Code.
As per the allegation made in the F.I.R., the dispute has arisen between the parties due to cutting of a Kadamb tree on the land of informant. The specific allegation against the present petitioner is that he attacked the son of the informant by Khanti due to which bleeding takes place and he become fainted.
Learned counsel for the petitioner submits that for the same date of occurrence there are case and counter case from both the sides. He further submits that petitioner is in custody
Patna High Court CR. MISC. No.13114 of 2022(2) dt.13-07-2022 2/2
since 11.01.2022 itself whereas other accused persons have been granted bail.
Learned counsel for the State submits that it is true that for the same occurrence there is case and counter case from both the sides.
In the present facts and circumstances of this case, let the petitioner above named, be granted bail on furnishing bail bonds of Rs.20,000/- (Rupees Twenty thousand) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate-IV, Madhepura in connection with Kumarkhand (Bhatani O.P.) P.S. Case No. 11 of 2021, subject to the conditions as laid down under Section 437(3) of Cr.P.C.
With this observation, the bail application stands allowed.
(Dr. Anshuman, J.)
ritik/-
U T
1 issue framed by the court
Whether the petitioner is entitled to bail in a case involving assault and attempt to murder affecting a male accused under Sections 323/341/307/34 IPC.
1 provisions across 1 enactments
Pankaj Sah @ Pankaj Kumar Sah
The State of Bihar
Anshuman
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
