Regular bail application for assault on informant and family with lathi and iron-rod; parties are agnates in a case-counter-case situation. Court granted bail on bond of Rs.10,000 with two sureties.
Petitioner enlarged on bail on bond of Rs.10,000 with two sureties of like amount each.
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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.3406 of 2023
Arising Out of PS. Case No.-40 Year-2022 Thana- CHUTIA SAHAYAK District- Rohtas
======================================================
Gyan Chand Mishra Son Of Late Sumer Mishra R/O Village- Parariya, P.S.Chutiya, District- Rohtas At Sasaram
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
====================================================== Appearance :
For the Petitioner/s : Mr. Chhote Lal Mishra, Adv. For the Opposite Party/s : Mr. Mohammed Arif, APP. ======================================================
CORAM: HONOURABLE MR. JUSTICE SHAILENDRA SINGH ORAL ORDER
2 23-03-2023
Let the defects, if any, pointed out by the office
be removed within four 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 petitioner and the learned APP for the State.
Petitioner seeks regular bail in connection with Chutiya P.S. Case No. 40 of 2022 registered for the offences punishable under Sections 147, 149, 341, 323, 506 and 307 of the Indian Penal Code.
As per the prosecution, it is alleged that this petitioner along with other named co-accused persons surrounded and assaulted the informant by means of Lathi
Patna High Court CR. MISC. No.3406 of 2023(2) dt.23-03-2023 2/3
and Iron-rod. It is further alleged that these accused persons also assaulted the family members of the informant when they came to rescue him.
The main submissions advanced by petitioner's counsel are that both the parties are agnates and there is case and counter-case in between both the parties and the petitioner's case was lodged prior to the institution of the FIR of the present matter and the petitioner has fair and clean antecedent and one similarly situated co-accused Mahen Chandra Mishra @ Mahem Chandra Mishra has been granted bail by a co-ordinate Bench of this Court vide order dated 16.02.2023 passed in Cr. Misc. No. 65337/2022 and the informant is stated to have been assaulted by this petitioner and co-accused Mahen Chandra Mishra @ Mahem Chandra Mishra by means of iron-rod and his injuries have been opined to be caused by hard and blunt object.
Learned APP appearing for the State has opposed the bail prayer.
In view of the facts, as stated above, in my opinion the petitioner deserves to the privilege of bail.
Patna High Court CR. MISC. No.3406 of 2023(2) dt.23-03-2023 3/3
Accordingly, let the petitioner named-above be enlarged on bail on furnishing bail bond of Rs.10,000/-(Ten Thousand) with two sureties of the like amount each to the satisfaction of the Court concerned in connection with Chutiya P.S. Case No. 40 of 2022.
(Shailendra Singh, J)
annu/-
U T
1 issue framed by the court
Whether petitioner deserves regular bail in Chutiya P.S. Case No. 40/2022 under Sections 147, 149, 341, 323, 506 and 307 IPC given case-counter-case between agnates and a similarly situated co-accused
1 provisions across 1 enactments
Gyan Chand Mishra
Shailendra Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
