In a bail petition under Section 439 CrPC, the Patna High Court granted regular bail to the petitioner accused of affray and assault charges, directing him to furnish a bond of Rs. 10,000 with two sureties.
Petitioner enlarged on bail on furnishing bond of Rs. 10,000 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.5500 of 2023
Arising Out of PS. Case No.-219 Year-2022 Thana- SIDHWALIYA District- Gopalganj
======================================================
MITHU RAY @ MITHU YADAV Son of Late Satyadeo Ray R/v- Bucheya, P.S.- Sidhwalia, District- Gopalganj
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
====================================================== Appearance : For the Petitioner/s : Mr.Raghav Prasad For the Opposite Party/s : Mr.Ashok Kumar Singh ======================================================
CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER
2 10-04-2023
Heard learned counsel for the petitioner, learned APP
for the State and learned counsel for the informant.
The petitioner has prayed for regular bail in a case instituted for the offence under Sections 147, 148, 149, 341, 324, 307, 504, 506, 354 and 379 of the Indian Penal Code.
The allegation against the petitioner is of assaulting on the back portion of the ‘Harendra Rai’ by means of iron rod. It is further alleged that the others co-accused also assaulted the informant and her family members.
It is submitted by learned counsel for the petitioner that petitioner has been falsely implicated in this case. He has committed no offence. He submitted that there is no repeated blow. He submitted that from the perusal of the injury report, it appears that no injury is shown upon the back portion of the
Patna High Court CR. MISC. No.5500 of 2023(2) dt.10-04-2023 2/2
‘Harendra Rai’. There is a case and counter case between the parties and both parties have sustained injuries as alleged in separate occurrence. Petitioner has got no criminal antecedent as stated in para-3 of the bail petition. He is languishing in judicial custody since 05.11.2022.
The application for bail is opposed by learned APP for
the State.
Having heard learned counsel for the parties and considering the facts and circumstances of the case, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties of the like amount each to the satisfaction of the learned Judicial Magistrate-1st Class, Gopalganj in connection with Sidhwalia P.S. Case No. 219 of 2022.
(Sunil Kumar Panwar, J)
arish/-
U T
1 issue framed by the court
Whether the petitioner is entitled to regular bail in a case involving sections 147, 148, 149, 341, 324, 307, 504, 506, 354 and 379 of the Indian Penal Code.
Mithu Ray @ Mithu Yadav
The State of Bihar
Sunil Kumar Panwar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
