Petitioners sought anticipatory bail in a Section 307 IPC case. Shiv Kumar, against whom no specific allegation was made, was granted bail subject to Section 438(2) conditions; Arjun Kumar's prayer was rejected owing to direct allegations of assault.
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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.6553 of 2022
Arising Out of PS. Case No.-761 Year-2021 Thana- HAJIPUR SADAR District- Vaishali
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... ... Petitioner/s
| The State of Bihar =============== |
==== | Versus ... . ======================= |
.. Opposite Party/s ============ |
|---|---|---|---|
| Appearance: For the Petitioner/s For the State |
: : |
Mr. Prakash Chandra, Adv. Mr. Madan Kumar, APP |
|
| For the Informant =============== |
: ==== |
Mr. Kamlesh Kumar, Adv. Mr. Kah Kashan Alam, Adv. ======================= |
============ |
| CORAM: HONOU | RABL | E MR. JUSTICE ARVIND SR ORAL ORDER |
IVASTAVA |
10 02-02-2023
Heard learned counsel for the petitioner nos. 1 and 2,
learned A.P.P. for the State and learned counsel for the informant.
The petitioners apprehend arrest in connection with Hajipur Sadar P.S. Case No. 761 of 2021 registered under Section 307 and other allied sections of the Indian Penal Code.
Learned counsel appearing on behalf of the petitioners submits that petitioners are innocent and have falsely been implicated in the present case. Further submission is that there is no specific allegation against the petitioner no. 2. Petitioners have got no criminal antecedent.
Patna High Court CR. MISC. No.6553 of 2022(10) dt.02-02-2023 2/2
Learned A.P.P. appearing on behalf of the State and learned counsel for the informant opposed the prayer of petitioner no. 1, namely, Arjun Kumar by contending that there is direct allegation against him of assaulting the informant by putting the gamcha into the neck of the informant and due to which informant fell down and became unconscious. Hence, he does not deserve the privilege of anticipatory bail.
Having considered the facts and circumstances of the case, let the petitioner no. 2, namely, Shiv Kumar be released on bail, in the event of arrest or surrender before the learned court below within a period of four weeks from today, on furnishing personal bond to the satisfaction of the Chief Judicial Magistrate, Vaishali at Hajipur in connection with Hajipur Sadar P.S. Case No. 761 of 2021, subject to the condition as laid down under Section 438(2) of the Cr. P.C.
So far as, petitioner no. 1 is concerned, considering that there is direct allegation of assault against him, this Court is not inclined to grant the privilege of anticipatory bail. Accordingly, his prayer for bail is rejected.
(Arvind Srivastava, J)
utkarsh/U T
2 issues framed by the court
Whether anticipatory bail should be granted to petitioners apprehending arrest under Section 307 IPC and allied sections.
Whether petitioner no. 1 with direct allegation of assault deserved anticipatory bail.
2 provisions across 2 enactments
Arjun Kumar
Shiv Kumar
Anand Kumar
The State of Bihar
Arvind Srivastava
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
