Sanjay Kumar Vs the State of Bihar — Anticipatory Bail | Patna HC (2024)

Sanjay Kumar Vs the State of Bihar — Anticipatory Bail | Patna HC (2024)

What the court decided

AI extract

Outcome

Anticipatory bail granted to all four petitioners: in the event of arrest/surrender within six weeks, to be enlarged on bail on furnishing bail-bond of Rs. 10,000/- each with two sureties of the like amount each to the satisfaction of learned A.C.J.M.-IV, Patna City, District-Patna, in connection with Agamkuan P.S. Case No.928 of 2023, subject to conditions under Section 438(2) CrPC.

Issue for consideration

Whether the petitioners, apprehending arrest in Agamkuan P.S. Case No.928 of 2023 for offences punishable under Sections 341, 323, 307, 504 and 34 of the Indian Penal Code, are entitled to anticipatory bail.

Court's answer

Considering the facts and circumstances, the simple nature of injuries sustained by the injured and the clean antecedents of the petitioners, the prayer for grant of anticipatory bail is allowed.

Ratio / Principle

In the event of arrest or surrender within six weeks, the petitioners are to be enlarged on bail on furnishing a bail-bond of Rs. 10,000/- each with two sureties of the like amount each, to the satisfaction of the learned A.C.J.M.-IV, Patna City, District-Patna, in connection with Agamkuan P.S. Case No.928 of 2023, subject to the conditions laid down under Section 438(2) of the Code of Criminal Procedure.

Detailed headnote1 paragraphs

Anticipatory bail — Patna High Court (Prabhat Kumar Singh, J.) allowed the prayer of four petitioners apprehending arrest in Agamkuan P.S. Case No.928 of 2023, District Patna, registered for offences punishable under Sections 341, 323, 307, 504 and 34 of the Indian Penal Code. Prosecution alleged that the petitioners assaulted the informant with iron rod, bat and butt of pistol; counsel submitted that the injuries found by the doctor were simple in nature, that the allegations of assault were general and omnibus without any specific overt act, and that the petitioners had clean antecedents. The State and the informant opposed the prayer. Considering the facts and circumstances, the nature of injuries and the clean antecedents of the petitioners, the Court directed that in the event of arrest/surrender within six weeks the petitioners be enlarged on bail on furnishing bail-bond of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the learned A.C.J.M.-IV, Patna City, District-Patna, subject to the conditions laid down under Section 438(2) of the Code of Criminal Procedure.

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.12297 of 2024

Arising Out of PS. Case No.-928 Year-2023 Thana- AGAMKUAN District- Patna

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

SANJAY KUMAR S/O LATE RAJENDRA PRASAD R/O KUMHRAR GUMTI, P.S- AGAMKUAN, DISTT.- PATNA.

SUBHAM KUMAR S/O SANJAY KUMAR R/O KUMHRAR GUMTI, P.S- AGAMKUAN, DISTT.- PATNA.

AMOL KUMAR S/O SANJAY KUMAR R/O KUMHRAR GUMTI, P.SAGAMKUAN, DISTT.- PATNA.

ADITYA KUMAR S/O SANJAY KUMAR R/O KUMHRAR GUMTI, P.SAGAMKUAN, DISTT.- PATNA.

... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance : For the Petitioners : Ms. Munni Kumari, Advocate For the State : Mr. Shyam Kumar Singh, APP For the Informant : Mr. Akhauri Kamal, Advocate ======================================================

... ... Opposite Party/s

CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER

5 19-06-2024 Heard learned counsels for the parties.

The petitioners apprehend their arrest in a case registered for the offence punishable under Sections 341, 323, 307, 504 and 34 of the Indian Penal Code.

As per prosecution case, on the alleged date and time of occurrence, all these petitioners assaulted the informant by means of iron rod, bat and butt of pistol.

It is submitted by learned counsel appearing on behalf of the petitioners that though there is allegation of assault upon the informant against these petitioners, the doctor has found the injuries sustained by the injured to be simple in nature. Learned counsel further submits that there is general and

Patna High Court CR. MISC. No.12297 of 2024(5) dt.19-06-2024 2/2

omnibus allegation of assault and no specific accusation of any overt act has been alleged against these petitioners. Petitioners claim clean antecedents.

Learned A.P.P. for the State and learned counsel for the informant have vehemently opposed the prayer for grant of anticipatory bail.

Considering the aforesaid facts and circumstances, nature of injuries sustained by the inured and clean antecedents of the petitioners, the prayer for grant of anticipatory bail to the petitioners is allowed.

Accordingly, in the event of arrest/surrender within a period of six weeks from today, let the above named petitioners be enlarged on bail on furnishing bail-bond of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of learned A.C.J.M.-IV, Patna City, District-Patna, in connection with Agamkuan P.S. Case No.928 of 2023, subject to condition as laid down under Section 438(2) of the Code of Criminal Procedure.

(Prabhat Kumar Singh, J)

shashank/- U T