In an oral order, the Patna High Court granted regular bail to the petitioner in a criminal case involving assault with intent to kill, directing him to furnish a bail bond of Rs. 20,000 with two sureties of equal amount.
Enlarged the petitioner on bail by furnishing a bond of Rs. 20,000 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.49965 of 2022
Arising Out of PS. Case No.-103 Year-2022 Thana- SURSAND District- Sitamarhi
======================================================
RAJESH CHAUBEY Son of Rupanarayan Chaubey Resident of Village - Birrakh, P.s.- Sursand, Distt.- Sitamarhi.
... ... Petitioner/s
Versus
The State of Bihar
.. ... Opposite Party/s
====================================================== Appearance : For the Petitioner/s : Mr.Pushpendra Kumar Singh For the Opposite Party/s : Mr.Ramchandra Sahni CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH
ORAL ORDER
2 12-12-2022
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 section 341, 447, 323, 324, 325, 307, 354(B), 379, 504, 506 read with 34 of the Indian Penal Code.
As per the prosecution case, allegation against the
Patna High Court CR. MISC. No.49965 of 2022(2) dt.12-12-2022 2/3
petitioner is of assaulting the informant’s husband with a dabia with intent to kill, causing severe injury.
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. The petitioner is also accused in two other criminal cases as stated in para 3 of the bail petition which are between the same parties. Learned counsel has further submitted that in the injury report the dimension of injury does not suggest that the injury is grievous in nature. The petitioner is in custody since 04.05.2022.
Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner by submitting that injury is grievous in nature.
Considering the aforesaid facts and circumstances of the case as well as the period of detention, the petitioner abovenamed, 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, Sitamarhi in connection with Sursand P.S. Case No. 103 of 2022.
Patna High Court CR. MISC. No.49965 of 2022(2) dt.12-12-2022 3/3
The application stands allowed.
(Chandra Prakash Singh, J)
niku/-
U T
1 issue framed by the court
Whether the petitioner is entitled to regular bail while furnishing a bond and sureties.
Rajesh Chaubey
The State of Bihar
Chandra Prakash Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
