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Nagendra Singh, vs State Of Bihar

Patna High Court · Decided on 9 December 2022 · Citation: (2022) 12 PAT CK 0025

HON’BLE JUDGES
Ahsanuddin Amanullah, J
ACTS & SECTIONS REFERRED
Indian Penal Code, 1860 — Section 34, 307, 323, 324, 341, 504
RESULT
Disposed Of
CASE NUMBER
Criminal Miscellaneous No. 55253 Of 2022
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Judgment

9 paragraphs · 354 words
1.

The matter has been heard through Video Conferencing.

2.

Heard Mr. Dharmendra Kumar Sinha, learned counsel for the petitioner and Ms. Veena Kumari Jaiswal, learned Additional Public Prosecutor (hereinafter referred to as the ‘APP’) for the State.

3.

The petitioner who is in custody, seeks bail in connection with Doriganj Police Station Case No. 203 of 2022 dated 23.07.2022, instituted under Sections 341, 323, 324, 307, 504, 504/34 of the Indian Penal Code.

4.

The allegation against the petitioner is of having assaulted the informant on the head by iron rod leading to injury.

5.

Learned counsel for the petitioner submitted that the parties are agnates and on the spur of the moment, the dispute arose leading to injury. However, it was submitted that neither there was any intention to kill nor the victim was seriously injured and the petitioner is in custody since 23.07.2022 having no criminal antecedent.

6.

Learned APP submits that the injury caused by the assault by the petitioner has been found to be grievous.

7.

Having considered the submissions of learned counsel for the parties and taking into account that the petitioner having no criminal antecedent has given only one blow, the Court is inclined to allow the prayer for bail.

8.

Accordingly, let the petitioner be released on bail upon furnishing bail bonds of Rs. 25,000/- (twenty five thousand) with two sureties of the like amount each to the satisfaction of the concerned learned Additional Chief Judicial Magistrate-VI, Chapra, Saran in Doriganj Police Station Case No. 203 of 2022, subject to the conditions that one of the bailors shall be a close relative of the petitioner. The petitioner and the bailors shall execute bond with regard to good behaviour of the petitioner and the petitioner shall give an undertaking to the Court that he shall not indulge in any illegal/criminal activity, act in violation of any law/statutory provisions, tamper with the evidence or influence the witnesses. Any violation of the terms and conditions of the bonds or the undertaking shall lead to cancellation of his bail bonds.

9.

The application stands disposed of in the aforementioned terms.