The High Court ordered the petitioner's release on bail subject to furnishing a bond of Rs. 20,000 with two sureties and complying with specific conditions under CrPC Section 438(2).
Petitioner to be released on bail within eight weeks by furnishing a bond of Rs. 20,000 with two sureties on specific 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.42984 of 2021
Arising Out of PS. Case No.-501 Year-2021 Thana- HAJIPUR SADAR District- Vaishali
====================================================== Avinash Kumar Rai @ Abhinas Kumar Rai, S/o Kameshwar Prasad Naveen @ Kameshwar Prasad Ray, R/o Village- Gauspur Ijra, P.S.- Sadar, DistVaishali. ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Rajeev Ranjan No. II, Advocate For the Opposite Party/s : Mr. Arun Kumar Pandey, APP ======================================================
CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR ORAL ORDER
3 09-06-2022
Learned counsel for the petitioner is permitted to
remove the defect(s), as pointed out by the office, within a period of four weeks from today.
Heard Mr. Rajeev Ranjan, learned counsel appearing on behalf of the petitioner and the learned APP for the State.
The petitioner is apprehending his arrest in connection with Hajipur (Sadar) P.S. Case No. 501 of 2021 for the offences punishable under Sections 341, 323, 324, 307, 504/34 of the Indian Penal Code and Section 27 of the Arms Act.
As per prosecution case, it is alleged that on 25.05.2021 all the F.I.R. named accused persons were consuming alcohol at Shiv temple where construction work was going on. On being objected by the informant, all the accused persons started abusing and thereafter it is alleged that this petitioner fired upon him, however, he anyhow saved himself
Patna High Court CR. MISC. No.42984 of 2021(3) dt.09-06-2022 2/3
and started fleeing, whereupon other accused persons caught him and assaulted by means of Hasua.
At the outset, learned counsel for the petitioner submits at the bar, on instruction of his client, 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 appearing on behalf of the petitioner that there is enmity between the parties and the informant has not sustained any injury. So far as other accused persons are concerned, who allegedly assaulted the informant by means of Hasua, have already been granted anticipatory bail by the court below itself. It is further submitted that as the petitioner was one of the candidate for the post of Ward Member, his name has been implicated at the instance of other parties and moreover the petitioner has fair antecedent.
On the other hand, learned APP for the State opposes the bail application and submits that there is serious allegation of firing against this petitioner.
Having considered the submissions made on behalf of the parties and taking into consideration the fact that there is no allegation of repeated firing with the intention to kill the informant, nor any injury has been caused to the informant or
Patna High Court CR. MISC. No.42984 of 2021(3) dt.09-06-2022 3/3
any person. Further, the co-accused against whom allegation of assault has been made, have already been granted anticipatory bail by the court below itself and the petitioner has fair antecedent, let the petitioner named above, be released on bail, in the event of his arrest or surrender before the court below within eight weeks from today, on furnishing bail bonds of Rs.20,000/- (Rupees twenty thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Vaishali at Hajipur in connection with Hajipur (Sadar) P.S. Case No. 501 of 2021 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 shall be the close relatives of the petitioner.
(ii) The petitioner will cooperate in the investigation as well as in conclusion of the trial.
(iii) He will not try to tamper with the evidence or intimidate the witnesses in course of investigation or during the course of trial.
(Harish Kumar, J)
uday/-
U T
3 issues framed by the court
Whether to grant bail to the petitioner in an FIR alleging offences under Sections 307, 341, 323, 324 IPC, and Section 27 of the Arms Act.
Whether the petitioner should be released on bail in light of fair antecedents and lack of injury to the informant.
Whether the conditions for bail should include furnishing sureties and adhering to specific undertaking conditions.
1 provisions across 1 enactments
AVINASH KUMAR RAI
THE STATE OF BIHAR
HARISH KUMAR
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
