Allowed

Deepak Kumar v. The State of Bihar

Patna HC27 Jun 2019CR. MISC./39565/2019

Case brief

AI extract

What is this about?

The Patna High Court granted anticipatory bail to a petitioner not named in an FIR alleging attacks on a police station. The court noted the petitioner's lack of criminal antecedents and absence of specific allegations, ordering release on bail within four weeks subject to conditions under Section 438(2) CrPC.

What did the court decide?

Anticipatory bail granted; petitioner ordered to surrender within four weeks upon furnishing a bail bond of Rs. 10,000 with two sureties of the like amount each.

Deepak Kumar Vs The State of Bihar — Anticipatory Bail | Patna HC (2019)

¶1

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.39565 of 2019

¶2

Arising Out of PS. Case No.-133 Year-2014 Thana- MADANPUR District- Aurangabad

¶3

======================================================

¶4

Deepak Kumar, Son of Kameshwar Prasad @ Kameshwar Mahto Resident of Village-Koeribigha, P.S.-Madanpur, District-Aurangabad.

... ... Petitioner/s

Versus

The State of Bihar

... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr.Bachan Jee Ojha For the Opposite Party/s : Mr.Nityanand ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER

¶9

2 27-06-2019 Heard learned counsel for the parties.

¶10

The petitioner apprehends his arrest in connection with Madanpur P.S.Case No. 133 of 2014 registered under Sections 124A, 147, 148, 149, 337, 341, 353, 427 and 504 of the Indian penal Code and 27 of the Criminal Law Amendment Act.

¶11

Allegation as per the FIR is that about 500 local people attempted to attack on the Police Station with intention to snatch the arms of the police force, started raising slogans and pelted some stones also. Further allegation is that extremists mixed with the local people in order to attack on the Police Station.

¶12

Submission of learned counsel for the petitioner is that petitioner is not named in the FIR and there is no specific allegation against him of attacking on the Police Station in question and he has got no criminal antecedent. He submits that

¶13

Patna High Court CR. MISC. No.39565 of 2019(2) dt.27-06-2019 2/2

¶14

petitioner has no connection with the extremists.

¶15

After having heard learned counsel for the petitioner and learned counsel for the State and on perusal of material available on record, it appears that a large number of people attacked on the Police Station after making an unlawful assembly and petitioner is not named in the FIR having no criminal antecedent, I am inclined to grant privilege of anticipatory bail to the petitioner.

¶16

Accordingly, let petitioner, abovenamed, in the event of arrest or surrender before the court below within a period of four weeks from the date of receipt of a copy of this order, be released on bail upon furnishing bail bond of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of the learned CJM, Aurangabad in connection with Madanpur P.S. Case No. 133 of 2014; subject to condition as laid down under Section 438(2) of the Code of Criminal Procedure.

¶17

(Anil Kumar Sinha, J)

¶18

sujit/-

¶19

U T

Deepak Kumar v. The State of Bihar

Case brief

What is this about?

What did the court decide?

Deepak Kumar 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

Khelari Rai Vs the State of Bihar

Mostt. Uttari Devi Vs Bihar State Road Transport Corporation and Ors.

Md. Wakil @ Md. Wakil Sheikh and Anr. Vs the State of Bihar

Bilas Yadav Vs The State of Bihar

Manish Kumar @ Lakshman Vs the State of Bihar

Kalyani Devi Vs the State of Bihar