Allowed

Mohan Rai @ Mohan Kumar v. the State of Bihar

Patna HC12 Jun 2023CR. MISC./18452/2023

Case brief

AI extract

What is this about?

Patna High Court granted pre-arrest bail to a bedridden HIV-positive petitioner charged with IPC offenses, noting allegations were primarily against co-accused. The court directed verification of antecedents and cancellation of bail if pending cases exist opposite to the application.

What did the court decide?

Release on pre-arrest bail subject to furnishing bond with sureties and verifying criminal antecedents.

Mohan Rai @ Mohan Kumar Vs the State of Bihar — Anticipatory Bail | Patna HC (2023)

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.18452 of 2023

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Arising Out of PS. Case No.-1016 Year-2021 Thana- MANER District- Patna

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

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Mohan Rai @ Mohan Kumar S/O Late Kuldip Rai Resident Of Village-Suarmarwa, P.S.-Maner, District-Patna

... ... Petitioner/s

Versus

The State Of Bihar

... ... Opposite Party/s

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====================================================== Appearance :

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For the Petitioner/s : Mr. Manoranjan Kumar, Advocate For the Opposite Party/s: Mr. Shyameshwar Dayal, A.P.P.

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

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CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL ORDER

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2 12-06-2023

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Heard Mr. Manoranjan Kumar, learned counsel

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appearing on behalf of the petitioner and Mr. Shyameshwar Dayal, learned APP for the State.

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The petitioner seeks pre-arrest bail in connection with Maner P.S. Case No. 1016 of 2021 registered for the offence punishable under Sections 341, 323, 435, 354, 379, 504, 506, 427 and 34 of the Indian Penal Code.

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Prosecution story, in brief, is that the petitioner along with other co-accused persons named in the F.I.R. had pulled the informant from the vehicle and had tried to outrage her modesty and had also attempted to set the vehicle on fire.

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Learned counsel appearing on behalf of the petitioner submitted that petitioner is suffering from HIV positive and at the time of alleged incidence, the petitioner was

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Patna High Court CR. MISC. No.18452 of 2023(2) dt.12-06-2023 2/3

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bed ridden due to dislocation of right femur and it cannot be imagine that petitioner has participated in such illegal incidence. He further submitted that petitioner has been named in the FIR because the petitioner’s family did not supported the informant in mukhiya election. Petitioner has clean antecedent.

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Learned APP for the State vehemently opposed the prayer for grant of pre-arrest bail. He submitted that from the impugned order it appears that the petitioner has criminal antecedent and as such he must not be released on pre-arrest bail.

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Considering the rival submissions made by the parties as well as the allegation made in the F.I.R. and also considering the specific statement made in the bail application that petitioner was bed ridden due to dislocation of femur at the time of alleged incidence and he was not present at the alleged place of occurrence. The allegation of molestation is specific against Mr. Bhagwan Rai and other co-accused. I am of the opinion that petitioner has prima facie made out a case to be released on bail.

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The petitioner, above named, is directed to be released on pre-arrest bail, in the event of his arrest or surrender before the Court below within a period of four weeks from

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Patna High Court CR. MISC. No.18452 of 2023(2) dt.12-06-2023 3/3

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today, on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of learned J.M - 1^st Class, Danapur (Patna) in connection with Maner P.S. Case No. 1016 of 2021, subject to the condition as laid down under Section 438(2) of the Cr.P.C.

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8. The Court below is directed to verify the criminal antecedent of the petitioner as stated in paragraph no. 3 of the bail application. If any other case is pending against the petitioner as what has been stated in paragraph no. 3, this order will loose its force automatically.

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(Purnendu Singh, J)

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Niraj/-

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U T

Mohan Rai @ Mohan Kumar v. the State of Bihar

Case brief

What is this about?

What did the court decide?

Mohan Rai @ Mohan Kumar v. the State of Bihar

Case brief

What is this about?

What did the court decide?

What the court decided

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