The Patna High Court granted bail to the petitioner in a case involving Section 307 IPC, holding the incident was a free fight with no repeated assault and investigation was complete.
Petitioner directed to be released on bail upon furnishing bond and two sureties under Section 437(3) Cr.P.C.
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.64267 of 2022
Arising Out of PS. Case No.-11 Year-2022 Thana- KHIJARSARAI District- Gaya
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UPENDERA YADAV S/o Kalicharan Yadav @ Kalicharan R/o VillageKarhara, P.S.- Khizersarai, Distt- Gaya.
... ... Petitioner/s
Versus
The State of Bihar Bihar
... ... Opposite Party/s
====================================================== Appearance : For the Petitioner/s : Mr.Vinod Kumar For the Opposite Party/s : Mr.Nagendra Prasad
======================================================
CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER
2 21-02-2023
Heard learned counsel appearing on behalf of the petitioner and learned APP appearing on behalf of the State.
Let the defect(s), if any, be removed within a period of four weeks from today.
The petitioner seeks bail in connection with Khizersara P.S. Case No. 11 of 2022 registered for the offence under Sections 147, 341, 323, 307, 379 and 504 of the Indian Penal Code.
The accused/petitioner is named in the F.I.R. and is in custody since 06.07.2022.
The allegation against the petitioner is to make an assault to informant and others causing head and other bodily injuries, having intention to cause their death in the background of long standing land dispute.
Patna High Court CR. MISC. No.64267 of 2022(2) dt.21-02-2023 2/3
Learned counsel appearing on behalf of the petitioner submitted that occurrence is free fight in nature, where both parties received injuries and, as such, it cannot be said that petitioner was under intention to cause death of the informant/injured. It is submitted that for the same set of occurrence, a counter case was also lodged by this petitioner which has been lodged as Khizersarai P.S. Case No. 17 of 2022. It is further submitted that alleged assault was none repeated without having any intervening circumstances, sufficient to suggest that petitioner was not under intention to cause death. It is also submitted petitioner found involved in two more criminal cases, where he is on bail. While concluding the argument, it is submitted that investigation of this case is complete, for which, charge-sheet has been submitted, as such, there is no chance of tampering with the evidence.
Learned APP opposes the prayer of bail.
In view of the facts and circumstances as mentioned above, as regard to assault alleged to be caused by the petitioner is none repeated without having any intervening circumstances, where occurrence appears to be free fight in nature coupled with the fact that charge-sheet has already been submitted, let the petitioner, above named, is directed to be released on bail in
Patna High Court CR. MISC. No.64267 of 2022(2) dt.21-02-2023 3/3
connection with Khizersara P.S. Case No. 11 of 2022 on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate-IV, Gaya/concerned Court, subject to the conditions as laid down u/s 437(3) of the Cr.P.C.
(Chandra Shekhar Jha, J)
R.S.Sen/-
U T
1 issue framed by the court
Whether the petitioner should be granted bail in a case involving offences including attempt to murder.
1 provisions across 1 enactments
Upendera Yadav
The State of Bihar
Chandra Shekhar Jha
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
