This court allowed the petitioner's bail application under Sections 341, 323, 324, and 307/34 of the IPC, directing him to furnish a bond with two sureties and cooperate with the trial.
Petitioner released on bail on furnishing a bond of Rs. 10,000 with two sureties of the like amount, subject to conditions of attendance and non-tampering.
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.5225 of 2023
Arising Out of PS. Case No.-9 Year-2022 Thana- MAJHAULIA District- West Champaran
======================================================
ASHOK SAH Son of Late Rameshwar Sah R/V- Dudha Chaturi, P.SMajhaulia Dist- West Champaran
... ... Petitioner/s
Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Brij Kishor Mishra, Advocate For the Opposite Party/s : Mr. Zainul Abedin, A.P.P. ======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER
3 11-05-2023
Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.
Petitioner seeks bail, who is in custody since 20.05.2022 in connection with Majhaulia P.S. Case No. 09 of 2022, F.I.R. dated 04.01.2022 for the offences punishable under Sections 341, 323, 324, 307/34 of the Indian Penal Code.
According to prosecution case, on the basis of fardbeyan of informant namely, Niraj Kumar stating therein that because of old dispute his Pattidar Ashok Sah came at his door and started abusing to him, which was objected by him then the F.I.R. named accused persons including the petitioner armed with Lathi, Farsa, thereupon Satish Sah assaulted with Farsa on head causing injury there, then Ashok Sah assaulted with iron rod on right hand causing fracture injury in the meanwhile Lalmuni Devi came to rescue to whom Satish assaulted with Farsa on her head. The informant fell down, then
Patna High Court CR. MISC. No.5225 of 2023(3) dt.11-05-2023 2/3
Ashok Sah tore blouse and Sari of his mother.
Learned counsel for the petitioner submits that petitioner is innocent and he has falsely been implicated in the present case. He further submits that the present occurrence has taken place due to admitted land dispute and both the parties are Pattidar and the allegation against the petitioner is that he has assaulted the informant by iron rod causing injury of his right hand and it appears from the injury report that the injury is not on vital part. He further submits that the police after investigation submitted the charge sheet against the petitioner and the petitioner is in judicial custody since 20.05.2022.
The learned Additional Public Prosecutor for the State has vehemently opposed the prayer for bail of the petitioner on the ground that petitioner carries one criminal antecedent other than the present one.
Considering the aforesaid facts and circumstances, let the petitioner, above named, be released 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 learned Chief Judicial Magistrate, Bettiah, West Champaran in connection with Majhaulia P.S. Case No. 09 of 2022, subject to the following conditions:-
Patna High Court CR. MISC. No.5225 of 2023(3) dt.11-05-2023 3/3
(Rajesh Kumar Verma, J)
mdrashid/-
U T
1 issue framed by the court
Whether the petitioner is entitled to bail in the present criminal proceedings.
1 provisions across 1 enactments
Ashok Sah
The State of Bihar
Rajesh Kumar Verma
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
