Allowed anticipatory bail petition seeking protection from arrest in a case alleging assault and attempted murder. Court noted delayed FIR filing and absence of injuries found on the victim.
Petitioners enlarged on anticipatory bail within eight weeks of order, subject to furnishing bail bonds with two sureties upon arrest or surrender.
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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.7647 of 2020
Arising Out of PS. Case No.-25 Year-2019 Thana- NADI District- Supaul
======================================================
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
====================================================== Appearance : For the Petitioner/s : Mr.Pramod Mishra For the Opposite Party/s : Mr.Nawal Kishore Prasad Mr. Arun Kumar Jha ======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER
3. 01-09-2020
Heard learned counsel for the petitioners, learned A.P.P. for the State as well as learned counsel for the informant through video conferencing.
The petitioners apprehend their arrest in Supaul Nadi Thana P.S. Case No. 25 of 2019 registered for the offence under Sections 341, 342, 323, 325 and 307/34 of the Indian Penal Code.
In the F.I.R., the informant has alleged that petitioners alongwith four other unknown persons surrounded him while he was returning home and thereafter, all started assaulting him by revolver, khanti & rod and thereafter, he was thrown near the embankment, as a result of which, he received several injuries.
Patna High Court CR. MISC. No.7647 of 2020(3) dt.01-09-2020 2/3
It is submitted on behalf of petitioners that petitioners are innocent and have falsely been implicated in this case due to previous enmity. It is further submitted that FIR has been lodged belatedly after 3-4 days and there is no explanation for the same. It is further submitted that as per injury report, which is at Annexure – 2, no injury has been found on the body of informant. In fact, informant met with an accident and after thought due to previous enmity, the instant case has been lodged. Petitioners have no criminal antecedent.
However, learned A.P.P. for the State as well as learned counsel for the informant have vehemently opposed the prayer for bail. Learned counsel for the informant submits that there is specific allegation against petitioner no. 1 that he caught hold of the informant and petitioner no. 2 and others have thrown informant near the embankment.
Considering the aforesaid facts and circumstances and the fact that no injury has been found on the body of informant and F.I.R. has been lodged after lapse of 3-4 days, the anticipatory bail application is allowed.
In the event of arrest or surrender within a period of eight weeks from the date of receipt/production of copy of this order, let the above-named petitioners be enlarged on bail on
Patna High Court CR. MISC. No.7647 of 2020(3) dt.01-09-2020 3/3
furnishing bail bonds of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Supaul in connection with Supaul Nadi Thana P.S. Case No. 25 of 2019, subject to condition as laid down under Section 438(2) of the Cr.P.C.
(Prabhat Kumar Singh, J.)
anay
U T
1 issue framed by the court
Whether anticipatory bail should be granted given the delay in filing FIR and lack of injuries found in the medical report.
1 provisions across 1 enactments
Munna Yadav
Dilip Prasad Yadav
The State of Bihar
Prabhath Kumar Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
