High Court allowed anticipatory bail to the petitioner apprehending arrest in a case involving assault and injury under IPC and Arms Act, citing lack of injury report to corroborate allegations.
Petitioner admitted to privilege of anticipatory bail upon furnishing bonds and sureties and complying with conditions of Section 438(2) Cr.P.C.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.8320 of 2020
Arising Out of PS. Case No.-76 Year-2019 Thana- NAGARNAUSA District- Nalanda
======================================================
NARAIAN KUMAR @ NARAIAN PRASAD Son of Kishori Prasad @ Kishori Gope Resident of Village- Khiru Bigha, P.S.- Nagarnausa, DistrictNalanda.
... ... Petitioner/s
Versus
The State of Bihar Bihar
... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr.Asha Kumari For the Opposite Party/s : Mr.Nirmal Kumar Sinha ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER
3 23-06-2020
The present petition has been taken up for consideration through the mode of Video conferencing in view of the prevailing situation on account of COVID 19 Pandemic, requiring social distancing.
Heard the learned counsel appearing for the petitioner and Mrs. Anita Kumari Singh, the learned APP appearing for the State.
The petitioner apprehends his arrest in connection with Nagarnausa P.S. Case No. 76 of 2019 for the offence punishable under Sections 307, 379, 504 and other allied sections of the Indian Penal Code and section 27 of the Arms Act.
The case of the prosecution in brief is that on
Patna High Court CR. MISC. No.8320 of 2020(3) dt.23-06-2020 2/3
10.06.2019 at about 5:30 P.M. while the informant was going to his house, the petitioner and other co-accused persons surrounded him, abused him and had then assaulted him by means of lathi and danda , whereafter the petitioner is stated to have fired from his pistol, causing injury on the right wrist of the informant and then the accused persons had fled away.
The learned counsel for the petitioner has submitted that the petitioner is innocent, he is having a fair antecedent inasmuch he is an accused in one other case and has been falsely implicated in the present case. It is further submitted that there is no injury report on record to corroborate the allegation levelled by the informant.
The learned A.P.P. appearing for the State has vehemently opposed the prayer for anticipatory bail.
I have heard the learned counsel for the parties, perused the materials on record as also taken into account the materials available in the case diary. It is apparent from paragraph-35 of the case diary that even after about one month of the alleged date and time of occurrence, the Assistant staff of Primary Health Centre, Nagarnausa could not produce injury report before the police and had told the police official, who had gone there, that the police would be informed after the
Patna High Court CR. MISC. No.8320 of 2020(3) dt.23-06-2020 3/3
injury report is prepared.
Having regard to the facts and circumstances of the case and considering the submissions advanced by the learned counsel for the parties, as also taking into account the materials available in the case diary, I find that prima facie there is no material on record to corroborate the allegation of assault levelled by the informant on the petitioner and others, hence, I deem it fit and proper to admit the petitioner to the privilege of anticipatory bail.
Accordingly, in the event of arrest or surrender before the learned court below within a period of four weeks from today, the petitioner, above-named, shall be released on anticipatory bail on furnishing bail-bonds of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate/ Successor Court, Hilsa (Nalanda) in connection with Nagarnausa P.S. Case No. 76 of 2019, subject to the conditions as laid down under Section 438(2) Cr. P.C.
(Mohit Kumar Shah, J)
Tiwary/-
U T
1 issue framed by the court
Whether the petitioner is entitled to anticipatory bail in connection with offences under Sections 307, 379, 504 IPC and Section 27 of the Arms Act.
2 provisions across 2 enactments
NARAIAN KUMAR @ NARAIAN PRASAD
The State of Bihar
MOHIT KUMAR SHAH
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
