Allowed

Ajay Rai v. The State Of Bihar

Patna HC23 Apr 2015CR. MISC./48195/2014

Case brief

AI extract

What is this about?

The High Court granted anticipatory bail to the petitioner in a criminal case involving offences under sections 341, 323, 324, 326, and 302/34 IPC. The court held that allowing custody served no purpose as the investigation found allegations false and the petitioner was not connected to the offence.

What did the court decide?

Petitioner granted anticipatory bail to be released within six weeks of arrest upon furnishing bonds of Rs. 10,000 with two sureties of similar amounts.

Ajay Rai Vs The State Of Bihar — Anticipatory Bail | Patna HC (2015)

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IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.48195 of 2014

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Arising Out of PS.Case No. -204 Year- 2010 Thana -BIHTA District- PATNA ====================================================== Ajay Rai, Son of Indra Deo Rai, resident of Village-Dumari, P.S.-Bihta, District-Patna. .... .... Petitioner/s Versus The State of Bihar .... .... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Anirudh Kumar Sinha, Advocate For the Opposite Party/s : Mr. R. B. S. Pahepuri (A.P.P.) ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER

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2 23-04-2015 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

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The petitioner seeks anticipatory bail in a case registered for the offences punishable under Sections 341, 323, 324, 326 and 302/34 of the Indian Penal Code.

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Learned counsel appearing on behalf of the petitioner has drawn my attention to the final form, submitted by the police under Section 173/174 of the Code of Criminal Procedure. He has submitted that the police after investigation found the allegation against the petitioner to be false and submitted chargesheet against co-accused, namely,

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Patna High Court Cr.Misc. No.48195 of 2014 (2) dt.23-04-2015

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Bhim Rai. He has submitted that despite the fact that there was no material collected, in course of investigation, to connect the petitioner with the offence as alleged, learned court below took cognizance of the offence and issued summons to this petitioner also. He has submitted that since the police investigation is already complete, the petitioner will not be required for custodial interrogation and there is no chance of him fleeing from the course of trial.

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I find substance in the submission made on behalf of the petitioner that no tangible purpose will be served, if the petitioner is allowed to be taken into custody after completion of investigation during which, the police found the allegation against him to be false.

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In view of the submission as above, let the petitioner, abovenamed, in the event of his arrest or surrender before the court below within six weeks, be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten Thousand only) with two

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Patna High Court Cr.Misc. No.48195 of 2014 (2) dt.23-04-2015

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sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate, Danapur, District-Patna , in connection with Bihta P.S. Case No. 204 of 2010 (G.R. No. 1740 of 2010) , subject to the condition laid down under Section 438 (2) of the Code of Criminal Procedure.

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(Chakradhari Sharan Singh, J)

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Praveen-II/-

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U T

Ajay Rai v. The State Of Bihar

Case brief

What is this about?

What did the court decide?

Ajay Rai v. The State Of Bihar

Case brief

What is this about?

What did the court decide?

What the court decided

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