In a criminal miscellaneous application for regular bail, the Patna High Court ordered the enlargement of the petitioner, directing him to furnish a bail bond of Rs. 20,000 with two sureties in a case under sections 302 and 306 IPC.
Enlargement of 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.17026 of 2023
Arising Out of PS. Case No.-310 Year-2022 Thana- LAXMIPUR District- Jamui
======================================================
Pankaj Rawat @ Pankaj Kumar Son Of Jai Nath Rawat @ Jaynath Rawat Resident Of Village - Gidhaur, P.S.- Lakshmipur (Gidhaur), District - Jamui.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Arjun Pd. Keshri, Advocate For the Informant : Mr. Amar Prakash, Advocate For the Opposite Party/s : Mr. Umanath Mishra, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH
ORAL ORDER
3 02-08-2023
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.
2 . Heard learned counsel for the petitioner and learned A.P.P for the State.
3 . The petitioner has preferred this application for grant of regular bail in connection with Lakshmipur (Gidhaur) P.S. Case No. 310 of 2022 dated 20.09.2022 registered for the offences u/ss 302 and 306 read with section 34 of the Indian Penal Code.
4 . As per the prosecution case, the petitioner and the co-accused persons are alleged to have assaulted the informant's brother-in-law with fists, slaps and pressed his neck due to that
Patna High Court CR. MISC. No.17026 of 2023(3) dt.02-08-2023 2/2
he became unconscious and consequently he died.
5 . Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. There is general and omnibus allegation against the petitioner. There is no specific allegation against the petitioner. The petitioner has clean antecedent as stated in para 3 of the bail petition. The petitioner is in custody since 20.12.2022.
6 . Learned counsel for the informant as well as learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner.
7 . Considering the aforesaid facts and circumstances of the case as well as the period of custody, 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, Jamui in connection with Lakshmipur (Gidhaur) P.S. Case No. 310 of 2022.
8 . The application stands allowed.
(Chandra Prakash Singh, J)
guddukr/-
U T
1 issue framed by the court
Whether the petitioner is entitled to regular bail in a prosecution for murder and abetment to suicide involving alleged assault.
1 provisions across 1 enactments
Pankaj Rawat @ Pankaj Kumar
The State of Bihar
Chandra Prakash Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
