This bail application was allowed with directions to furnish a bond of Rs. 20,000 and two sureties. The court noted the petitioner claims innocence and clean antecedents despite serious charges including attempt to murder.
Enlargement on bail by furnishing a bond of Rs. 20,000 with two sureties of the like amount each.
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.38234 of 2022
Arising Out of PS. Case No.-13 Year-2022 Thana- AAYAR District- Bhojpur
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AMIT KUMAR @ SONU Son of Subash Singh @ Subas Singh Resident of Village - Marasiya, P.S.- Ayer, District - Bhojpur (Ara).
| The State of Bihar =================== |
Versus =================== |
... ... Petitioner/s ... ... Opposite Party/s ================ |
|---|---|---|
| Appearance : |
||
| For the Petitioner/s : For the Opposite Party/s : =================== |
Mr.Bhaskar Shankar Mr.Sangeeta Sharma =================== |
================ |
CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH
ORAL ORDER
Learned counsel for the petitioner is permitted to remove defect (s), as pointed out by the office, if any, within a period of four weeks on resumption of physical mode.
Heard learned counsel for the petitioner and learned A.P.P for the State.
The petitioner has preferred this application for grant of regular bail in a case registered under sections 341, 323 and 307 read with 34 of the Indian Penal Code and section 27 of the Arms Act.
As per the prosecution case, The petitioner and the coaccused persons holding pistol started firing indiscriminately on the informant from the roof of their house. Thereafter, the petitioner Sonu Kumar fired from the pistol with intent to kill which hit on the thigh of the right leg causing severe injury. The
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Patna High Court CR. MISC. No.38234 of 2022(2) dt.20-10-2022
co-accused person Vimlesh Kumar also threw stones on the informant's mother causing injuries.
Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case.Nothing has been recovered from the conscious possession of the petitioner. As per the impunged order injuries are simple in nature. It is further submitted that as per the injury report, no bone fracture has been found but the said injury on the non-vital part has been mentioned as grievous in nature. There is a land dispute between the parties. The petitioner has clean antecedent as stated in para 3 of the bail petition. The petitioner is in custody since 11.02.2022.
Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner.
Considering the aforesaid facts and circumstances of the case, the petitioner above-named, is directed to be enlarged on bail on furnishing bail-bond of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Court concerned, Bhojpur in connection with Aayar P.S. Case No.13 of 2022.
The application stands allowed.
(Chandra Prakash Singh, J)
ayush/-
U T
1 issue framed by the court
Whether the petitioner is entitled to regular bail in a case involving attempt to murder and grievous hurt?
2 provisions across 1 enactments
Amit Kumar @ Sonu
The State of Bihar
Chandra Prakash Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
