Partly allowed

Bijendra Kumar @ Bijendra Prasad v. The State of Bihar

Patna HC10 Aug 2023CR. MISC./42480/2023

Case brief

AI extract

What is this about?

This judgment grants anticipatory bail to petitioners 2, 3, and 4, subject to conditions, but rejects the application of petitioner 1 due to specific overt acts alleged against him in a case involving common affray and attempted outrage of modesty.

What did the court decide?

Bail granted to petitioners 2, 3, and 4 on furnishing a bond of Rs.25,000/- each with two sureties; anticipatory bail rejected for petitioner 1.

Bijendra Kumar @ Bijendra Prasad Vs The State of Bihar — Cheating and Forgery | Patna HC (2023)

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.42480 of 2023

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Arising Out of PS. Case No.-151 Year-2023 Thana- RAJAOLI District- Nawada

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

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Bijendra Kumar @ Bijendra Prasad S/O Sidheshwar Prasad R/O VillageKajichak, P.S- Rajauli, Distt.- Nawada (Bihar).

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Naresh Prasad S/O Sidheshwar Prasad R/O Village- Kajichak, P.S- Rajauli, Distt.- Nawada (Bihar).

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Biru Kumar S/O Bijendra Prasad @ Bijendra Kumar R/O Village- Kajichak, P.S- Rajauli, Distt.- Nawada (Bihar).

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Deepak Kumar S/O Naresh Prasad R/O Village- Kajichak, P.S- Rajauli, Distt.- Nawada (Bihar).

... ... Petitioner/s

Versus

The State of Bihar

... ... Opposite Party/s

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

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For the Petitioner/s : Mr.Subodh Kumar For the Opposite Party/s : Mr.Narendra Kumar Singh

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

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CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER

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2 10-08-2023

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Heard learned counsel for the petitioners and learned

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Additional Public Prosecutor for the State.

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The petitioners are apprehending their arrest in a case registered for the offence punishable under Sections 143, 341, 323, 354, 379, 308, 504, 506 of the Indian Penal Code and Section 27 of the Arms Act.

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Allegation against the petitioners is that they along with other co-accused persons attacked the informant’s side with weapons and also tried to outrage the modesty of daughter-inlaw of the informant.

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Learned counsel for the petitioners submits that

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Patna High Court CR. MISC. No.42480 of 2023(2) dt.10-08-2023 2/3

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the petitioners are innocent and have been falsely implicated in this case. He submits that there is case and counter case between the parties and both sides have sustained injury. He submits that there is no specific overt act against the petitioners. He submits that there is general and omnibus allegation levelled against the petitioners. He further submits that petitioners have no criminal antecedent as stated in para-3 of this application.

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Learned APP for the State opposing the prayer for bail submits that there is specific overt act against the petitioner no. 1.

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Considering the facts and circumstances of the case and the fact that there is general and omnibus allegation levelled against the petitioner nos. 2, 3 and 4, let the above named petitioner nos. 2, 3 and 4 in the event of their arrest or surrender before the learned Court below within a period of six weeks from today, be enlarged on bail on furnishing bail bond of Rs.25,000/- (Rupees Twenty Five Thousand) each with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/successor court in connection with Rajauli P.S. Case No. 151 of 2023, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.

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Patna High Court CR. MISC. No.42480 of 2023(2) dt.10-08-2023 3/3

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So far as petitioner no. 1 is concerned, there is specific over act against him, I am not inclined to enlarge the petitioner no. 1 on bail. Accordingly, his prayer for anticipatory bail is rejected in connection with the aforesaid case.

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(Anjani Kumar Sharan, J)

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devendra/-

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U T

Bijendra Kumar @ Bijendra Prasad v. The State of Bihar

Case brief

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Bijendra Kumar @ Bijendra Prasad v. The State of Bihar

Case brief

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