Petitioner sought bail in Maharajganj PS Case No. 263 of 2023 for IPC offences including attempt to murder. Noting simple nature of injuries to persons he allegedly assaulted and custody undergone, the court granted bail with bonds and sureties.
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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.5986 of 2024
Arising Out of PS. Case No.-263 Year-2023 Thana- MAHARAJGANJ District- Siwan
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Amlesh Prasad @ Amlesh Srivastava @ Amlesh Prasad Sinha @ Punpun Srivastava, male, aged about 63 years, Son of Late Satyanarayan Prasad R/o vill - Paterhi, P.S. - Maharajganj, distt. - Siwan (Bihar)
... ... Petitioner/s
Versus
The State of Bihar.
... ... Opposite Party/s
====================================================== Appearance : For the Petitioner/s : Mr. Rakesh Shrivastava, Advocate. For the Opposite Party/s : Mr. Amitesh Kumar, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA
ORAL ORDER
2 15-02-2024
Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner seeks bail in connection with Maharajganj P.S. Case No. 263 of 2023 instituted for the offence under Sections 147, 341, 323, 324, 307, 504, 506, 120B of the Indian Penal Code.
3. As per the prosecution case, the petitioner along with other co-accused persons armed with deadly weapons reached at the house of the informant, thereafter, seven accused persons started assaulting the grandson of informant with knife and sword, as a result of which his back bone broke and blood started oozing from him stomach. When Sanshi Soni and Mantu Soni came to rescue then the co-accused Pankaj Patel hit him on
Patna High Court CR. MISC. No.5986 of 2024(2) dt.15-02-2024 2/3
head with a sword with intention to kill thereafter, the coaccused Tinku Ram and the petitioner assaulted Mantu Soni and Shashi Soni by means of sword with intention to kill them.
4. It has been submitted on behalf of the petitioner that the petitioner is in custody since 24.09.2023. Petitioner bears no criminal antecedent, as per disclosure made in paragraph No. 3 of the bail application.
5. It has been further submitted by the petitioner’s counsel that petitioner has been falsely implicated in the present case. It is further submitted that the allegation against the petitioner is of assault to Mantu Soni and Shashi Kumar, who have been examined by the doctor and the injury report is found to be simple in nature. There is no specific allegation against the petitioner rather the specific allegation is against other coaccused persons who assaulted with knife and sword on the back of deceased.
6. Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner.
7. Considering the aforesaid facts and circumstances of the case, the period of custody undergone by the petitioner and nature of injury being simple in nature, this Court is inclined to grant bail to the petitioner.
Patna High Court CR. MISC. No.5986 of 2024(2) dt.15-02-2024 3/3
8. Let the petitioner be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Maharajganj P.S. Case No. 263 of 2023.
(Rudra Prakash Mishra, J)
Nilmani/-
U T
1 issue framed by the court
Whether the petitioner should be granted bail in a case involving charges of assault and attempt to murder under the IPC, given his custody since 24.09.2023 and simple injuries alleged.
1 provisions across 1 enactments
Amlesh Prasad @ Amlesh Srivastava @ Amlesh Prasad Sinha @ Punpun Srivastava
The State of Bihar
Rudra Prakash Mishra
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
