The High Court granted bail to the petitioner charged with offences under Sections 341, 323, 307, 379/34 IPC. The court relied on the simple nature of injuries and the existence of a counter-case.
Petitioner released on bail with a bond of Rs.10,000 and two sureties of similar 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.70190 of 2024
Arising Out of PS. Case No.-352 Year-2024 Thana- ARA NAGAR District- Bhojpur
======================================================
Rohit Kumar @ Rohit Prasad S/o Uday Shankar Prasad Resident Of VillageBadi Chowk Milki Mohalla, Ps -Ara Town, Distt. - Bhojpur
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
====================================================== Appearance :
For the Petitioner/s : Mr. Gopal Krishna, Adv. For the Opposite Party/s : Mr.Anuj Kumar Shrivastava ======================================================
CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR
ORAL ORDER
2 23-10-2024 Heard Mr. Gopal Krishna, learned Advocate for the
petitioner and learned Additional Public Prosecutor for the State.
Patna High Court CR. MISC. No.70190 of 2024(2) dt.23-10-2024 2/3
both the parties are agnates and because of some trifle they entered into a free fight resulting into case and counter case being Ara Town P.S. Case No. 353 of 2024 instituted against the informant and others. It is next contended that there is allegation of assault against two persons but only one injury has been found over the body of the informant and the same is also simple in nature. The petitioner bears one criminal antecedent as has been disclosed by filing a supplementary affidavit, which is on record.
Patna High Court CR. MISC. No.70190 of 2024(2) dt.23-10-2024 3/3
subject to the conditions laid down in Section 438(2) Cr.P.C. with the further condition that one of the bailors shall be the own/close family members of the petitioner.
(Harish Kumar, J)
Anjani/-
U
2 issues framed by the court
Whether the petitioner is entitled to bail in connection with the offence under Sections 341, 323, 307, 379/34 of the Indian Penal Code.
Whether the allegations of simple injury and existence of a counter-case justify release on bail.
1 provisions across 1 enactments
Rohit Kumar @ Rohit Prasad
The State of Bihar
Harish Kumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
