The High Court at Patna granted regular bail to the petitioner, who was an accused in a criminal case alleging criminal misconduct and assault. The court observed a lack of specific allegations against the petitioner in the FIR.
Released on bail on furnishing a bond of Rs. 10,000 with two sureties of the 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.8578 of 2023
Arising Out of PS. Case No.-325 Year-2022 Thana- ATHMALGOLA District- Patna
======================================================
RAJEEV KUMAR S/o Biswanath Rai R/o Village- Ganjpar, P.S.Athmalgola, DIstt- Patna.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
====================================================== Appearance :
For the Petitioner/s : Mr.Manoj Kumar Pandey, Advocate For the Opposite Party/s : Mr. Binod Kumar No.3, App ======================================================
CORAM: HONOURABLE MR. JUSTICE SHAILENDRA SINGH ORAL ORDER
2 02-03-2023
Heard learned counsel for the petitioner and the learned APP for the State.
Petitioner seeks regular bail in connection with Athmalgola P.S. Case No. 325 of 2022 registered for the offence punishable under Sections 341, 323, 448, 307, 337, 338/34 of the Indian Penal Code.
As per the prosecution, the informant and her family members were assaulted by this petitioner and co-accused persons by means of lathi, brick etc. over possession of a house and dispute of money transaction.
The main submissions advanced by the learned counsel for the petitioner are that the entire family members of the petitioner have been made accused in this case, both the parties are close neighbour and in the FIR, there is no specific
Patna High Court CR. MISC. No.8578 of 2023(2) dt.02-03-2023 2/2
allegation of any overt act against the petitioner and in the alleged occurrence, two persons sustained simple injuries. Further submissions are that the petitioner has been languishing in jail since 15.11.2022 and the alleged offence of 307 of IPC is not made out in this case.
Learned APP appearing for the State has opposed the bail prayer.
In view of the facts, as stated above, and mainly the fact that in the FIR, there is no specific allegation against the petitioner and a dispute with regard to the possession over informant’s house by the accused persons is stated to be the genesis of the occurrence, in the opinion of this Court a lenient approach can be taken in respect of the petitioner’s prayer, let the petitioner 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 concerned Court in connection with Athmalgola P.S. Case No. 325 of 2022.
(Shailendra Singh, J)
Sanjay/-
U T
2 issues framed by the court
Whether the petitioner is entitled to regular bail in the pending criminal proceeding.
Whether the FIR contained specific allegations against the petitioner warranting denial of bail.
1 provisions across 1 enactments
Rajeev Kumar
The State of Bihar
Shailendra Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
