The High Court of Patna granted bail to petitioners accused of assault, firearms injury, and other offences in DS Bhojpur, subject to bond and conditions including removal of stamp defects within one month.
Released on bail with bond of Rs 10000 and two sureties; to remove stamp defects within one month.
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.35670 of 2022
Arising Out of PS. Case No.-315 Year-2021 Thana- ARA MUFFSIL District- Bhojpur
======================================================
... ... Petitioner/s
Versus
STATE OF BIHAR
... ... Opposite Party/s
====================================================== Appearance : For the Petitioner/s : Mr. A.K.Thakur, Sr. Advocate Mr.Udbhav For the Opposite Party/s : Mr.Md. Fahimuddin ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER
3 10-01-2023 The learned counsel for the petitioners is directed to
remove all the defects pointed out by the Stamp Reporter within one month.
Heard the learned counsel for the petitioners and learned APP for the State.
The petitioners apprehend their arrest for the offences alleged under Sections 147, 148, 149, 341, 323, 324, 307 and 504 of the Indian Penal Code and Section 27 of the Arms Act, registered in connection with Ara Muffasil P.S.Case No. 315 of 2021.
As per allegation, the accused persons assaulted the informant. They also opened fire in which Suresh Rai sustained fire-arm injury.
Patna High Court CR. MISC. No.35670 of 2022(3) dt.10-01-2023 2/2
The learned counsel for the petitioners has submitted that it is free-fight between two groups of villagers. There is case and counter case and both the parties have compromised the case. He has submitted further that other co-accused persons have been granted anticipatory bail.
Considering the above facts and circumstances, let the petitioners above-named, in the event of their arrest or surrender within four weeks from the date of communication of this order, be released on bail on furnishing bail bond of Rs. 10,000/-(ten thousand) each, with two sureties of the like amount each to the satisfaction of Additional Chief Judicial Magistrate-VII, Bhojpur at Ara in connection with Ara Mufassil P.S.Case No. 315 of 2021, subject to the conditions as laid down under Section 438(2) Cr. P.C.
Office shall ensure that all defects are removed by the petitioners within the stipulated time as provided hereinabove, failing which the matter shall be brought to the notice of this Court.
(Nawneet Kumar Pandey, J)
HR/-
U T
2 issues framed by the court
Whether the petitioners should be granted bail in proceedings under Sections 147, 148, 149 IPC, Section 27 Arms Act and others.
Whether bail conditions can be imposed to ensure removal of defects pointed out by the Stamp Reporter.
1 provisions across 1 enactments
Suresh Rai
Umesh Rai
Lalji Rai Ram Awadhesh Rai
Raju Kumar Baju Kumar
State of Bihar
Nawneet Kumar Pandey
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
