The Patna High Court granted bail to four petitioners facing charges under Section 307 IPC for an assault. Releasing them subject to arrest or surrender within six weeks, a bond of Rs. 10,000 with two sureties of similar amount.
Bail granted subject to arrest or surrender within six weeks; 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.17200 of 2022
Arising Out of PS. Case No.-209 Year-2020 Thana- MANIYARI District- Muzaffarpur
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... ... Petitioners
Versus
THE STATE OF BIHAR
... ... Opposite Party/s
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Appearance :
For the Petitioners : Mr.Dr. Bipin Chandra For the Opposite Party/s : Mr.Ram Anurag Singh
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CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
2 29-08-2022 Heard learned counsel for the petitioners, the State and the informant.
Petitioners apprehend their arrest in a case registered for the offence punishable under Section 307 and other allied sections of the Indian Penal Code.
Prosecution's case in short is that all the FIR named accused persons including these petitioners assasulted the informant and his wife.
Learned counsel appearing for the petitioners submits that the petitioners are innocent and have falsely been
Patna High Court CR. MISC. No.17200 of 2022(2) dt.29-08-2022 2/2
implicated in this case. There is a case and counter case and both sides sustained injuries. There is general and omnibus allegation of assault against all the accused persons and no specific overt act has been alleged against the petitioners. Petitioners have got no criminal antecedent.
Learned counsel appearing for the State as well as the informant oppose the prayer for bail.
Considering the nature of allegation against the petitioners, in the event of arrest/surrender within six weeks from today, let the petitioners, named above, be released on bail on furnishing bail bond of Rs.10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the Judicial Magistrate 1st class, West Muzaffarpur in Maniyari Police Station Case No. 209 of 2020, subject to the conditions laid down under sections 438(2) of the Code of Criminal Procedure.
(Prabhat Kumar Singh, J)
shashi/-
U T
2 issues framed by the court
Whether petitioners should be released on bail in an assault case punishable under Section 307 IPC.
Whether conditions including arrest or surrender within six weeks are appropriate for bail grant.
2 provisions across 2 enactments
MD ANWAR @ RIKKU
Md. Akbar
Md. Ishteyaque
Anwari Khatoon
THE STATE OF BIHAR
Prabhat Kumar Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
