In an appeal against refusal of anticipatory bail, the Patna High Court granted bail to the petitioner accused of assault and causing simple injury, directing release upon surrender within six weeks upon furnishing a bond and sureties.
Petitioner released on bail on Rs. 25,000 bond with two sureties of like amount within 6 weeks.
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.57862 of 2022
Arising Out of PS. Case No.-73 Year-2020 Thana- PANDAUL District- Madhubani
======================================================
RAMESH CHANDRA JHA SON OF LATE CHANDESHWAR JHA Resident of Village- Sarhad, P.S.- Pandaul, District- Madhubani
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr.Ratanakar Jha, Adv. For the Opposite Party/s : Mr.Rajendra Prasad Nat, APP ======================================================
... ... Opposite Party/s
CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER
2 23-02-2023 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.
The petitioner apprehends his arrest in a case registered for the offence punishable u/s 341, 323, 308, 504, 379/34 IPC.
The petitioner is said to have assaulted the son of informant by means of paghariya on his head and hand.
It is submitted by learned counsel for the petitioner that petitioner is quite innocent and has committed no offence. He has been falsely implicated in this case due to enmity. No such occurrence, in the manner as alleged, has ever taken place. It is submitted that the injury sustained by the informant’s son is simple in nature, which is clear from the impugned order. Petitioner has no criminal antecedent.
Learned APP for the State opposed the prayer for bail.
Patna High Court CR. MISC. No.57862 of 2022(2) dt.23-02-2023 2/2
Having regard to the facts and circumstances of the case, since the injury is simple in nature, let the above named petitioner, be released on bail, in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs. 25,000/(Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/Successor Court in connection with Pandaul P.S. Case No.73/2020 (C.R.I. No.574/2020), subject to the conditions as laid down under Section 438(2) of the Cr.P.C.
(Anjani Kumar Sharan, J)
pallavi/-
U T
1 issue framed by the court
Whether the petitioner, facing charges for simple injury and assault, should be released on anticipatory bail.
1 provisions across 1 enactments
RAMESH CHANDRA JHA
ANJANI KUMAR SHARAN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
