Allowed

Anuj Prasad @ Anuj Singh and Ors. v. The State Of Bihar

Patna HC15 Dec 2016CR. MISC./48127/2016

Case brief

AI extract

What is this about?

Patna High Court granted bail to five accused in an attempt to murder case, rejecting bail only for Ant Singh due to prior antecedents. Released others on monk bond with family sureties upon surrender within four weeks.

What did the court decide?

Bail granted to petitioners 2, 4 and 5 on bond with sureties if surrendered within four weeks; bail rejected for petitioner 3.

Anuj Prasad @ Anuj Singh and Ors. Vs The State Of… — Murder and Culpable Homicide | Patna HC (2016)

¶1

IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.48127 of 2016

¶2

Arising Out of PS.Case No. -230 Year- 2016 Thana -GIRIYAK District- NALANDA

¶3

(BIHARSHARIFF)

¶4

====================================================== 1. Anuj Prasad @ Anuj Singh S/o Munni Singh

¶5

Purushottam Kumar S/o Anil Singh

¶6

Anit Singh S/o Munni Singh

¶7

Gautam Kumar S/o Anil Singh

¶8

Rohit Kumar S/o Arun Singh All R/o Vill, Patoriya, P.S. Giriyak (Katrisarai), District Nalanda at Biharsharif.

¶9

.... .... Petitioner/s

¶10

Versus

¶11

The State of Bihar.

¶12

.... .... Opposite Party/s

¶13

====================================================== Appearance : For the Petitioner/s : Mr. Ashok Kumar Singh

¶14

====================================================== CORAM: HONOURABLE MR. JUSTICE KISHORE KUMAR MANDAL ORAL ORDER

¶15

3 15-12-2016 Heard Mr. Ashok Kumar No.3 for the petitioners.

¶16

No one appears on behalf of the State.

¶17

By order dated 28.11.2016, the application in respect

¶18

of petitioner no.1 was dismissed as withdrawn. The application now survives only in respect of rest of the petitioners.

¶19

The petitioner nos.2 to 5 are named accused in Giriyak (Katrisarai) P.S. Case No. 230 of 2016 registered under section 307 IPC.

¶20

The allegation is that the petitioners along with others conjointly assaulted Bambam Singh and thereafter committed

¶21

Patna High Court Cr.Misc. No.48127 of 2016 (3) dt.15-12-2016

¶22

2/3

¶23

theft of Rs. 40,000/ and escaped holding out threats to the informant as the police party, in the meantime, arrived.

¶24

The contention of the petitioners is that the allegation of assault is general and omnibus. It was actually a case where co-accused Guddu Singh was severely assaulted by the present prosecution side and except petitioner no.3 others have clean antecedents as they are not accuseds of any case.

¶25

In the FIR, the allegation of causing injury is general and omnibus, but considering the antecedents of one petitioner, I am not inclined to grant bail to petitioner no.3 Anil Singh. Prayer on his behalf is rejected

¶26

Let petitioner nos. 2, 4 &5, namely, Purushottam Kumar, Gautam Kumar and Rohit Kumar, respectively, in the event of arrest/surrender within four weeks from today, be released on bail on furnishing bail bond of Rs. 10,000/- each with two sureties of the like amount each to the satisfaction of I/C CJM, Nalanda, Biharsharif on condition that one of the bailors of each of the petitioners shall be their own/close family members. In the event of framing of charge, the petitioners shall appear in person on each date fixed at the trial. In case of default in doing so on two consecutive dates, the trial court shall have liberty to the trial court shall have

¶27

Patna High Court Cr.Misc. No.48127 of 2016 (3) dt.15-12-2016

¶28

3/3

¶29

liberty to cancel their bail bonds and secure their arrest in accordance with law.

¶30

(Kishore Kumar Mandal, J)

¶31

HR/-

¶32

Anuj Prasad @ Anuj Singh and Ors. v. The State Of Bihar

Case brief

What is this about?

What did the court decide?

Anuj Prasad @ Anuj Singh and Ors. v. The State Of Bihar

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Eden Transport Pvt. Ltd. Through Its Director Niranjan Kumar Rai Vs The Bihar State Road Transport Corp. Through Its Managing Director Sultan Palace and Ors.

Kamakhaya Ram and Ors. Vs The State Of Bihar

Nisha Devi @ Nisha Kumari Vs The State Of Bihar

Ranjit Kumar @ Chuhan Yadav @ Ranjit Yadav @ Chuhan and Ors. Vs The State Of Bihar

Babu @ Sunil Vs The State Of Bihar

Rajesh Yadav Vs State Of Bihar and Anr.