High Court dismissed bail for two petitioners accused of severe assault involving broken teeth and head blows but granted bail to a third petitioner on furnishing a bond with sureties under the Indian Penal Code.
Bail rejected for Petitioners 2 and 3; bail allowed for Petitioner 1 on 10,000 rupees bond with two sureties.
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.58648 of 2021
Arising Out of PS. Case No.-88 Year-2021 Thana- GHOGHARDIHA District- Madhubani
======================================================
... ... Petitioners
Versus
The State of Bihar
... ... Opposite Partys
====================================================== Appearance :
For the Petitioner/s : Mr.Shailendra Kumar Jha, Advocate For the Opposite Party/s : Mr.Mukesh Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER
======================================================
The three petitioners are in judicial custody in connection with Ghoghardiha P.S. Case No. 88 of 2021 under Sections 341, 323, 324, 325, 448, 307, 354, 354(B), 379, 427, 504 and 506/34 of the Indian Penal Code.
Specific allegation against the petitioner no.2 is that he inserted a stick inside informant’s mouth that led to breakage of his teeth.
Again specific allegation against petitioner no.3 that he gave ‘Farsa’ blow on the head of the informant.
Patna High Court CR. MISC. No.58648 of 2021(2) dt.13-04-2022 2/3
Considering the nature of assault that has been attributed to the petitioner nos. 2 and 3, this Court is not inclined to grant any relief to them and as such bail application so far as the petitioner no. 2 Sanjay Kamat @ Sanjay Kumar Kamat and the petitioner no. 3 Ram Khelawan Kamat is concerned; the same is rejected.
So far as the role of the petitioner no.1 is concerned, omnibus allegation has been levelled against him that he along with other co-accused attacked the informant with ‘Farsa’, ‘Bhala’ and Iron rod.
Taking into account the aforesaid facts, let the petitioner no.1, Shailendra Kamat @ Shailendra Kumar Kamat be released on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of like amount to the satisfaction of Judicial Magistrate-1st Class, Jhanjharpur, Madhubani, in connection with Ghoghardiha P.S. Case No. 88 of 2021, corresponding to G.R. No. 1113 of 2021 subject to following conditions:
(i) the petitioner shall ensure his presence in the pending trial on each and every date and failure to do so for two consecutive dates without plausible reason, the Trial Court shall cancel his bail;
Patna High Court CR. MISC. No.58648 of 2021(2) dt.13-04-2022 3/3
(ii) he shall in no way try to induce or promise or threat the witnesses or tamper with the evidence, failing which the State shall be at liberty to take steps for cancellation of his bail bonds.
With the aforesaid observation, the bail application of petitioner nos. 2 and 3 is rejected while that of petitioner no.1 is allowed.
(Rajiv Roy, J)
Ravi/-
U T
2 issues framed by the court
Whether bail should be granted to three petitioners accused of physical assault, including specific allegations of breaking teeth and head blows.
Whether the nature of assault attributed to specific petitioners warrants rejection of their bail applications.
Shailendra Kamat
Sanjay Kamat
Ram Khelawan Kamat
State of Bihar
Rajiv Roy
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
