The Patna High Court granted regular bail to petitioners in a criminal appeal. The court noted the injuries were simple, parties are agnates, and a counter-case exists. Bail granted on Rs. 10,000 bonds.
Petitioners enlarged on bail by furnishing bonds of Rs. 10,000/- each with two sureties of 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.2896 of 2023
Arising Out of PS. Case No.-109 Year-2022 Thana- TISIAUTA District- Vaishali
======================================================
... ... Petitioner/s
Versus
THE STATE OF BIHAR
... ... Opposite Party/s
====================================================== Appearance : For the Petitioner/s : Mr. Raj Krishna Jha, Adv. For the Opposite Party/s : Mr. Ram Sumiran Rai, APP. ======================================================
CORAM: HONOURABLE MR. JUSTICE SHAILENDRA SINGH ORAL ORDER
Let the defects, if any, pointed out by the office be removed within three weeks from the date of this order, failing which the matter be listed again under the appropriate heading for necessary action.
Heard learned counsel for the petitioners and the learned APP for the State.
Petitioners seek regular bail in connection with Tisiauta P.S. Case No. 109 of 2022 registered for the offences punishable under Sections 147, 341, 323, 324, 307, 354, 504 and 506 of the Indian Penal Code.
As per the prosecution, the informant alleged that
Patna High Court CR. MISC. No.2896 of 2023(2) dt.03-04-2023 2/3
these petitioners along with other named co-accused persons assaulted her, her husband, her son and others by means of lathi, danda, sword, garasa and iron-rod, owing to which they sustained injuries.
The main submissions advanced by petitioners' counsel are that the alleged offence of 307 of I.P.C. is not made out in this case against the petitioners, though against the petitioners there is specific allegation of having assaulted the informant, her husband and her son but the injuries found upon their person were opined to be simple in nature and both the parties are agnates and they have compromised this case and there is also a counter case bearing Tisiauta P.S. Case No. 101/2022 lodged from petitioners' side prior to the institution of the FIR of the present matter and the petitioners have fair and clean antecedent and the investigation has been completed against them.
Learned APP appearing for the State has opposed the bail prayer.
In view of the facts, as stated above and mainly considering the facts that both the parties are agnates and there is case and counter-case in between them and in the present time good sense has prevailed in between them and as per the above
Patna High Court CR. MISC. No.2896 of 2023(2) dt.03-04-2023 3/3
submission the injuries found upon the person of the injureds who are stated to have been assaulted by these petitioners, have been opined to be simple in nature, in my opinion it is a fit case for bail to the petitioners. Accordingly, let the petitioners named-above be enlarged on bail on furnishing bail bonds of Rs.10,000/-(Ten Thousand) each with two sureties of the like amount each to the satisfaction of the Court concerned in connection with Tisiauta P.S. Case No. 109 of 2022.
(Shailendra Singh, J)
annu/-
U T
2 issues framed by the court
Whether the petitioners are eligible for regular bail in a case involving assault and attempted murder charges after a compromise between agnates.
Whether the saccharine nature of the injuries and existence of a counter-case make this a fit case for bail.
1 provisions across 1 enactments
Ritik Kumar @ Ritik Kumar Thakur and others
THE STATE OF BIHAR
Shailendra Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
