Single judge allowed the bail petition of the petitioner accused of assault and attempted murder. He was ordered to furnish a bond of Rs. 10,000 with two sureties and abide by conditions regarding representation and address changes.
Released on bail by furnishing bond of Rs. 10,000 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.34723 of 2021
Arising Out of PS. Case No.-78 Year-2018 Thana- BHAGWAN BAZAR District- Saran
====================================================== Ankit Singh @ Ankit Kumar Singh, aged about 20 years, male, son of Pramod Singh, resident of village Dhup Nagar, Dhobawal, P.S. Khaira, District Saran at Chapra
. ..Petitioner
Versus
The State of Bihar ... ... Opposite Party ====================================================== Appearance : For the Petitioner : Mr. Uday Shankar Singh, Advocate For the Opposite Party : Mr. Sanjay Kumar Sharma, APP ======================================================
CORAM: HONOURABLE MR. JUSTICE MADHURESH PRASAD ORAL ORDER
2 07-01-2022
The matter has been listed today for consideration through Video Conference.
Learned counsel for the petitioner is expected to honour his undertaking given in the instant case for depositing the requisite court fee and to remove the defects as pointed out by office when called upon to do so by the office.
Heard learned counsel for the petitioner and learned counsel for the State.
The petitioner seeks bail in Bhagwan Bazar PS Case No. 78 of 2018, instituted for the offence under Sections 341, 323,324,307, 302, 114 and 504/34 of the Indian Penal Code.
The case is of assault and some other allegations against
Patna High Court CR. MISC. No.34723 of 2021(2) dt.07-01-2022 2/3
six named and two unknown persons.
Petitioner’s counsel submits that from the prosecution case, it is apparent that there is no specific allegation against the petitioner and against him there is only an allegation of catching hold of the informant’s son while he was assaulted by other persons. Specific allegation of assault by sharp cutting weapon is alleged against co-accused Prashant Pathak. It is submitted that having no criminal antecedents, the petitioner is in custody since 05.02.2021. Unnamed co-accused have been granted anticipatory bail and four out of the six named accused persons have already been enlarged on bail.
The learned APP representing the State 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 petitioner’s counsel. Prayer for bail of the petitioner is allowed. Let the petitioner, above named, be released on bail on furnishing bail bond of Rs. 10,000/-(Ten thousand) with two sureties of the like amount each to the satisfaction of the learned C.J. M. Saran at Chapra , in connection with Bhagwan Bazar P.S. Case No. 78 of 2018, subject to the following conditions:-
Patna High Court CR. MISC. No.34723 of 2021(2) dt.07-01-2022 3/3
(i) That one of the bailors will be a close relative of the petitioner who will give an affidavit giving genealogy as to how he is related with the petitioner. The bailor will also undertake to inform the Court if there is any change in the address of the petitioner.
(ii) That the petitioner will be well represented on each date and if he fails to do so on two consecutive dates, his bail bond will be liable to be cancelled.
(Madhuresh Prasad, J)
shyambihari/-
U T
2 issues framed by the court
Whether bail should be granted to the petitioner charged with offences under Sections 341, 323, 324, 307, 302, 114 and 504/34 of the Indian Penal Code.
Whether the petitioner's undertaking to deposit court fee and remove defects justifies the grant of bail.
1 provisions across 1 enactments
Ankit Singh
The State of Bihar
Madhuresh Prasad
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
