Allowed

Aman @ Golu Sah v. the State of Bihar

Patna HC4 Jul 2022CR. MISC./7190/2022

Case brief

AI extract

What is this about?

The Patna High Court granted bail to the petitioner in a free-fight case involving offences under the IPC and Explosive Act. The court emphasised the absence of intent to cause death, the free-fight nature of the incident, and the already submitted chargesheet as factors for release on bond with two sureties and specific conditions.

What did the court decide?

Release of the petitioner on bail on a bond of Rs. 10,000 with two sureties of similar amounts, subject to conditions including physical presence and father as one bailor.

Aman @ Golu Sah Vs the State of Bihar — Cheating and Forgery | Patna HC (2022)

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.7190 of 2022

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Arising Out of PS. Case No.-40 Year-2021 Thana- MOUZAHIDPUR District- Bhagalpur

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======================================================

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Aman @ Golu Sah Son of Karu Sah Resident of Villasge- Gangti (Aliganj), P.S.- Babarganj, District- Bhagalpur.

... ... Petitioner/s

Versus

The State of Bihar

... ... Opposite Party/s

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====================================================== Appearance : For the Petitioner/s : Mr. Praveen Kumar Agrawal, Advocate For the Opposite Party/s : Mr. Narsingh Tanti, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER

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2 04-07-2022 Heard learned counsel appearing on behalf of the petitioner and learned counsel appearing on behalf of the State.

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Let the defect(s), if any, be removed within a period of four weeks from today.

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The petitioner seeks bail in connection with Mojahidpur (Babarganj) P.S. Case No. 40 of 2021 registered for the offence under Sections 147, 148, 149, 323, 341, 307 and 504 of the Indian Penal Code and Sections 3, 4 and 5 of Explosive

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Patna High Court CR. MISC. No.7190 of 2022(2) dt.04-07-2022 2/4

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Substance Act.

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The accused/petitioner is named in the F.I.R. and is in custody since 04.02.2021.

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The allegation against the petitioner is of hurling bomb on the informant and others, alongwith other co-accused, with intention to cause their death.

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Learned counsel appearing on behalf of the petitioner submitted that the occurrence was nothing but a free fight between the parties and for the same set of occurrence Mojahidpur (Babarganj) P.S. Case No. 41 of 2021 was lodged. It has been submitted that from bare perusal of the F.I.R., it appears that informant himself was the aggressor. It has further been submitted that F.I.R., on its face, not suggesting that the bomb was thrown with intention to cause death. While concluding the argument, it has been submitted that petitioner is a man of clean antecedent and, moreover, chargesheet has already been submitted in this case, as such there is no chance of tampering with the evidence.

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Learned APP appearing on behalf of the State while opposing the prayer of bail fairly conceded that the occurrence was a free fight between the parties.

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Considering the facts and circumstances as mentioned

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Patna High Court CR. MISC. No.7190 of 2022(2) dt.04-07-2022 3/4

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above, as the occurrence was a free fight between the parties, negating the intention coupled with the fact that chargesheet has already been submitted in this case, let the petitioner, above named, is directed to be released on bail in connection with Mojahidpur (Babarganj) P.S. Case No. 40 of 2021 on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge-IV, Bhagalpur, subject to the following conditions:

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“(i) That accused/petitioner shall not involve in the similar nature of offence till the conclusion of trial, failing which the State shall be at liberty to move before the Trial Court itself for the cancellation of bail bond of the petitioner.

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(ii) Accused/Petitioner shall

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cooperate in the trial and shall be physically present on each and every date before the Trial Court till conclusion of the trial and exemption from physical appearance be allowed by the Trial Court, only on medical ground of the petitioner, duly supported by

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Patna High Court CR. MISC. No.7190 of 2022(2) dt.04-07-2022 4/4

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the documents.

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(iii) That one of the bailors shall be

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Karu Sah, who is the father of the petitioner and deponent of the present bail petition.”

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(Chandra Shekhar Jha, J)

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Ankit/-

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U T

Aman @ Golu Sah v. the State of Bihar

Case brief

What is this about?

What did the court decide?

Aman @ Golu Sah v. the State of Bihar

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

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Statutes considered

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