Alleged of assault two petitioners were denied bail out of seven petitioners for not proving sufficient grounds of proof and were allowed to appeal the court again and the same shall be considered on its own merits: High Court Of Patna

Alleged of committing assault on the informants’ side the petitioners were taken into custody. The petitioners however tried establishing the grounds that the same has been committed by the informant’s side. The Court after considering all facts and circumstances denied the bail application of two persons and allowed others. The Hon’ble High Court of Patna before Justice Mr. Ahsanuddin Amanullah in the matter Bhagwat Rai and Others v. The State of Bihar[Criminal Miscellaneous No. 23707 of 2021].

The facts of the case were that the petitioner was apprehended arrest in connection with a  Case, instituted under Sections 147, 148, 149, 447, 341, 323, 324, 307, 379, 504 and 506 of the Indian Penal Code. It was alleged that the petitioners had assaulted the informant and others being variously armed, though specific against two other co-accused, not petitioners, that they inflicted blow by farsa on the head of two persons from the informant’s side. Moreover, it is general and omnibus of assault on two more persons of the informant’s side who have also sustained injuries.

The Learned counsel for the petitioner submitted that they had filed a counter case for the same. It was submitted that the parties are agnates and there was dispute with regard to division of the ancestral land. Learned counsel submitted that the petitioners had gone to persuade the informant not to fight and to settle the matter but they had assaulted and abused the petitioners’ side.

Learned counsel submitted that even otherwise it cannot be believed that old persons would commit the physical assault especially when other younger family members have also made accused. The Additional Public Prosecutor submitted that the allegation in the FIR of general assault against all the petitioners is also proved.

The Hon’ble High Court Of Patna held that apart from petitioners No. 5 and 7, others are granted bail. The Court considering all facts and circumstances allowed the bail for others and had kept 2 still under doubt. However, they were allowed to take up the case and can again apply for bail and the same shall be considered on its own merits.

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Judgment Reviewed By Nimisha Dublish

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