Ram Ishwar Sao @ Hathkatta v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.61517 of 2022 Arising Out of PS. Case No.-135 Year-2022 Thana- HASPURA District- Aurangabad ====================================================== RAM ISHWAR SAO @ HATHKATTA S/o Late Sakaldeep Sao R/v- Dumra, P.S.- Haspura, District- Aurangabad, Bihar ... ... Petitioner/s
Versus
THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Santosh Chandra Bhaskar, Advocate For the Opposite Party/s :
Mr. Ajit Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 20-02-2023 Heard learned counsel appearing on behalf of the petitioner and learned counsel appearing on behalf of the State. Let the defect(s), if any, be removed within a period of four weeks from today.
The petitioner seeks bail in connection with Haspura P.S. Case No. 135 of 2022 registered for the offence under Sections 324 and 307 of the Indian Penal Code. The accused/petitioner is named in the F.I.R. and is in custody since 16.08.2022.
The allegation against the petitioner is to assault on the neck of the informant by using sharp cut edged weapon having intention to cause death, due to altercation developed on the shop of informant, while purchasing certain goods. Learned counsel appearing on behalf of the petitioner
Patna High Court CR. MISC. No.61517 of 2022(2) dt.20-02-2023 2/3 submitted that alleged assault was not made repeated without having any intervening circumstances, sufficient to suggest that petitioner was not under intention to cause death of the informant. It is also submitted that nature of injury as reported after medical examination of the injured, appears to be simple in nature. While concluding the argument, it is submitted that petitioner is man of clean antecedent and moreover, investigation of this case has been completed, for which, chargesheet has already been submitted, as such, there is no chance of tampering with the evidence.
Learned APP appearing on behalf of the State, opposes the prayer of bail.
Considering the facts and circumstances as mentioned above, as nature of injury reported after medical examination, appears to be simple in nature negating intention on its face to cause death coupled with the fact that charge-sheet has already been submitted, let the petitioner, above named, is directed to be released on bail in connection with Haspura P.S. Case No. 135 of 2022, on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned S.D.J.M., Daudnagar, Aurangabad/concerned court, subject to the condition as
Patna High Court CR. MISC. No.61517 of 2022(2) dt.20-02-2023 3/3 mentioned under Section 437(3) of the Cr.P.C. (Chandra Shekhar Jha, J) S.Katyayan/- U T