Single judge granted bail to the petitioner assaulted by police and arrested for offences including attempt to murder arising from a death in custody case.
Petitioner released on bail with bonds of Rs. 10,000/- and two sureties subject to specified conditions.
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.54176 of 2024
Arising Out of PS. Case No.-7 Year-2024 Thana- MAHISHI District- Saharsa
======================================================
Ashish Choudhary @ Ashish Chaudhary, Son of Mohan Chaudhary @ Mohan Choudhary, Resident of Village- Mahishi, Ward No. 10, P.S.- Mahishi, District- Saharsa
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
====================================================== Appearance : For the Petitioner/s : Mr. Pawan Kumar, Advocate For the Opposite Party/s : Mr. Atul Chandra, APP ======================================================
CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR
ORAL ORDER
3 25-09-2024 Heard Mr. Pawan Kumar, learned Advocate for the petitioner and learned APP for the State.
Patna High Court CR. MISC. No.54176 of 2024(3) dt.25-09-2024 2/4
in the meanwhile this petitioner assaulted the informant. During the course of treatment, the husband of the informant succumbed to the injuries.
Patna High Court CR. MISC. No.54176 of 2024(3) dt.25-09-2024 3/4
(i) The petitioner will cooperate in conclusion of the
trial.
(ii) He will remain present on each and every date of trial till disposal of the case.
(iii) He will not try to tamper with the evidence or intimidate the witnesses to delay the disposal of trial.
(iv) In the event of default of two consecutive dates without any cogent reason, his bail bonds will liable to be cancelled.
Patna High Court CR. MISC. No.54176 of 2024(3) dt.25-09-2024 4/4
(v) The court below shall verify the criminal antecedent of the petitioner and in case, at any stage, it is found that the petitioner has concealed his criminal antecedent, the court below shall take immediate step for cancelling the bail bond of the petitioner. However, the acceptance of bail bonds, in terms of the above-mentioned order, shall not be delayed for this purpose or in the name of verification.
(Harish Kumar, J)
uday/-
U T
2 issues framed by the court
Whether the petitioner is eligible for bail given the allegations of causing axe-blown death to the deceased's husband and assaulting the informant.
Whether the petitioner concealed his criminal antecedents which would warrant bail cancellation.
Ashish Choudhary @ Ashish Chaudhary
The State of Bihar
Harish Kumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
