Bench released petitioners on anticipatory bail subject to furnishing bonds within eight weeks. Grant was based on inordinate FIR delay, counter version, simple injury nature, and clean antecedents.
Released on bail on furnishing bonds of Rs. 10,000 each with two sureties within eight weeks subject to specified conditions.
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.42154 of 2021
Arising Out of PS. Case No.-942 Year-2020 Thana- MADHEPURA District- Madhepura
======================================================
... ... Petitioner/s
Versus
The State Of Bihar
... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Nafisuzzoha, Advocate For the Opposite Party/s : Mr. Parmeshwar Mehta, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR ORAL ORDER
from today.
Heard Mr. Nafisuzzoha learned counsel for the petitioners as well as Mr. Parmeshwar Mehta learned Additional Public Prosecutor for the State.
The petitioners apprehend their arrest in connection with Madhepura P.S.Case No. 942 of 2020 registered for the offences punishable under Sections 147, 149, 341, 323, 324, 307, 354B, 379, 504 of the Indian Penal Code.
As per prosecution case, it is alleged that on 05.12.2020 while the informant along with her father and brother sowing in their field meanwhile, all the FIR named
Patna High Court CR. MISC. No.42154 of 2021(2) dt.08-06-2022 2/4
accused persons including the petitioner armed with Spade, Bhala, Farsa, Lathi and danda came and started abusing and assaulted the father and brother of the informant from the spade due to which they sustained injuries.
At the outset, learned counsel for the petitioners submits at the bar that as per his information till date the process under Sections 82/83 of the Cr.P.C have not been issued.
It is submitted by the learned counsel for the petitioners that present FIR has been instituted after delay of 12 days and no explanation has been given. It is further submitted that with regard to the same occurrence there is a counter version wherein the petitioner no. 1 had instituted Madhepura P.S.Case No. 917 of 2020 against the informant’s father, mother and Bhabhi. It is further submitted that injuries, which is alleged to have sustained on the persons of father and brother of the informant have been found to be simple in nature and in support of his contention, the injury report has been brought on record by way of Annexure-3 to this application. It is lastly submitted that petitioners have clean antecedent and there was a free fight between the parties which resultant into the present occurrence.
On the other hand, learned APP for the State opposes
Patna High Court CR. MISC. No.42154 of 2021(2) dt.08-06-2022 3/4
the bail application of the petitioners and submits that there is specific allegation against these petitioners, who assaulted the injured persons by means of spade.
Having considered the submissions made on behalf of the parties and taking into consideration the fact that, there is inordinate delay in lodging of the FIR, apart from the fact that there is counter version of the same occurrence and the nature of injuries are to be simple in nature, moreover, the petitioners have clean antecedent, let the petitioners above named, be released on bail, in the event of their arrest or surrender before the court below within eight weeks from today, on furnishing bail bonds of Rs. 10,000/- ( Rupees ten thousand) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Madhepura in connection with Madhepura P.S.Case No. 942 of 2020 subject to the conditions as laid down under Section 438(2) of the code of Criminal Procedure with the following conditions:-
(I) One of the bailors should be the close relatives of the petitioners.
(ii) The petitioners will cooperate in the investigation as well as in conclusion of the trial.
(iii) They will not try to tamper with the evidence or
Patna High Court CR. MISC. No.42154 of 2021(2) dt.08-06-2022 4/4
intimidate the witnesses in course of investigation or during the
course of trial.
(Harish Kumar, J.)
N.K/-
U T
3 issues framed by the court
Whether to grant bail to petitioners apprehending arrest in a criminal case involving assault.
Whether inordinate delay in lodging FIR and clean antecedents warrant release on bail.
Whether conditions for bail ensuring cooperation and non-intimidation of witnesses are appropriate.
1 provisions across 1 enactments
Lachhmi Mandal
Bipin Mandal
The State Of Bihar
HARISH KUMAR
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
