Raj Kumar Puri Vs The State of Bihar — Anticipatory Bail | Patna HC (2024)

Raj Kumar Puri Vs The State of Bihar — Anticipatory Bail | Patna HC (2024)

What the court decided

AI extract

Outcome

Anticipatory bail granted: the petitioner is to be released on bail, in the event of his arrest or surrender before the learned Court below within six weeks, on a bail bond of Rs. 25,000/- with two sureties of the like amount each, subject to the conditions under Section 438(2) Cr.P.C., in connection with Barharia P.S. Case No. 365 of 2023.

Issue for consideration

Whether the petitioner, apprehending arrest in Barharia P.S. Case No. 365 of 2023 registered for offences punishable under Sections 341, 323, 324, 447, 326, 504, 506 and 34 of the Indian Penal Code, should be released on bail in the event of his arrest or surrender.

Court's answer

Having regard to the facts and circumstances of the case, and as the injuries sustained by the injured are simple in nature, the petitioner was held entitled to be released on bail in the event of his arrest or surrender before the learned Court below.

Ratio / Principle

The release is to be effected within six weeks from the date of the order, on furnishing a bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each, to the satisfaction of the learned Court below where the case is pending/successor Court.

Key takeaways

The grant of bail is made subject to the conditions laid down under sub-section (2) of Section 438 of the Cr.P.C.ratio¶¶19

Detailed headnote1 paragraphs

Anticipatory bail granted (Patna High Court, CR. MISC. No.11995 of 2024, Anjani Kumar Sharan, J., order dated 12-03-2024): the petitioner, apprehending arrest in Barharia P.S. Case No. 365 of 2023 (District Siwan) for offences under Sections 341, 323, 324, 447, 326, 504, 506 and 34 IPC, was accused, along with other persons, of assaulting the informant on the head with the iron shocker of an old motorcycle and giving repeated knife blows. Counsel for the petitioner urged false implication, an admitted land dispute between the agnate parties, simple nature of the injuries and absence of criminal antecedent; the learned APP opposed the prayer. Holding that the injuries sustained by the injured were simple in nature, the Court directed release on bail in the event of arrest or surrender before the learned Court below within six weeks, on a bail bond of Rs. 25,000/- with two sureties of the like amount each, subject to the conditions under Section 438(2) Cr.P.C.

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.11995 of 2024

Arising Out of PS. Case No.-365 Year-2023 Thana- BARHARIA District- Siwan

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

Raj Kumar Puri Son of Late Ramji Puri Resident of Village- Safi Chhapra, Police Station- Barharia, District- Siwan

... ... Petitioner/s

Versus

The State of Bihar

... ... Opposite Party/s

====================================================== Appearance : For the Petitioner/s : Mr.Raghav Prasad, Adv. For the Opposite Party/s : Mr.Brajendra Nath Pandey, APP. ======================================================

CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER

2 12-03-2024

Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 341, 323, 324, 447, 326, 504, 506, 34 of the Indian Penal Code.

Allegedly, all the accused persons including the petitioner are said to have assaulted the informant on his head by means of iron shocker of an old motorcycle due to which he sustained injury on his head and fell down. Petitioner also gave repeated knife blow to the informant.

It is submitted by learned counsel for the petitioner that petitioner is quite innocent and he has committed no offence. No such occurrence as alleged ever took place. He has been falsely implicated in this case due to ulterior motive. The

Patna High Court CR. MISC. No.11995 of 2024(2) dt.12-03-2024 2/2

allegation levelled against the petitioner is totally false and based on concocted facts. Both the parties are agnates and there is admitted land dispute between them. The injuries sustained by the injured are simple in nature. Petitioner has no criminal antecedent as mentioned in para-3 of this application.

Learned APP for the State opposes the prayer for bail.

Having regard to the facts and circumstances of the case, as the injuries sustained by the injured are simple in nature, let the above named petitioner, be released on bail, in the event of his arrest or surrender before the learned Court below within a period of six weeks from 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 the learned Court below where the case is pending/successor Court in connection with Barharia P.S. Case No. 365 of 2023, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.

(Anjani Kumar Sharan, J)

divyanshi/-

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