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Anshu Kumar Vs The State of Bihar — Patna HC (2024) — LawSathi Research

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Patna HC
2024
Anshu Kumar Vs The State of BiharAnshu Kumar v. The State of Bihar

Allowed¶21

Anshu Kumar v. The State of Bihar

Patna HC1 Mar 2024CR. MISC./12697/2024

Case brief

AI extract

What is this about?

Patna High Court, Criminal Miscellaneous No. 12697 of 2024, decided 01-03-2024 by Rudra Prakash Mishra, J. Regular bail granted to Anshu Kumar in Goraul (Katahara O.P.) P.S. Case No. 402 of 2023 (District Vaishali) arising from allegations of assembly for robbery near Raja Chowk canal road and recovery of one live cartridge. Offences: Sections 399 & 402 IPC; Sections 25(1-B)a, 26 & 35 Arms Act. Grounds: custody since 23-09-2023, clean antecedents, alleged non-compliance of Section 100 Cr.P.C., and parity with co-accused bailed in Cr. Misc. Nos. 11411 and 12326 of 2024 (orders dated 23-02-2024 and 28-02-2024). Condition: bail bonds of Rs. 10,000/- with two sureties of the like amount each.

What did the court decide?

Bail application allowed; petitioner to be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the Court below/concerned Court in connection with Goraul (Katahara O.P.) P.S. Case No. 402 of 2023.

Why is it important?

Bail granted to the petitioner having regard to the facts and circumstances of the case, the period of custody, the petitioner's clean antecedent, and the claim based on parity with co-accused already granted bail. ¶20

What the court decided

AI extract

Outcome

Bail application allowed; petitioner to be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the Court below/concerned Court in connection with Goraul (Katahara O.P.) P.S. Case No. 402 of 2023.

Issue for consideration

Whether the petitioner, in custody since 23-09-2023 in connection with Goraul (Katahara O.P.) P.S. Case No. 402 of 2023 for offences under Sections 399 & 402 IPC and Sections 25(1-B)a, 26 & 35 of the Arms Act, should be enlarged on bail.

Court's answer

Bail granted to the petitioner having regard to the facts and circumstances of the case, the period of custody, the petitioner's clean antecedent, and the claim based on parity with co-accused already granted bail.

Ratio / Principle

Petitioner directed to be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the Court below/concerned Court in connection with Goraul (Katahara O.P.) P.S. Case No. 402 of 2023.

Detailed headnote1 paragraphs

Bail granted — Offences under Sections 399 & 402 of the Indian Penal Code and Sections 25(1-B)a, 26 & 35 of the Arms Act — Goraul (Katahara O.P.) P.S. Case No. 402 of 2023, District Vaishali — petitioner in custody since 23-09-2023 — man of clean antecedent — alleged recovery of one live cartridge — non-compliance of Section 100 Cr.P.C. urged — parity with co-accused granted bail by Coordinate Bench orders dated 23-02-2024 and 28-02-2024 in Cr. Misc. Nos. 11411 and 12326 of 2024 — bail allowed on furnishing bail bonds of Rs. 10,000/- with two sureties of the like amount each.

A

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.12697 of 2024

Arising Out of PS. Case No.-402 Year-2023 Thana- GORAUL District- Vaishali

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

Anshu Kumar S/O Raju Mahto R/O Village- Harpur Arara, Ps.- Goraul, In The Dist. Of Vaishali.

... ... Petitioner/s

Versus

The State of Bihar

... ... Opposite Party/s

====================================================== Appearance : For the Petitioner : Mr. Ranjeet Kumar, Advocate For the State : Ms. Rina Sinha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA

ORAL ORDER

2 01-03-2024

Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in connection with Goraul (Katahara O.P.) P.S. Case No. 402 of 2023 instituted for the offence under Sections 399 & 402 of the Indian Penal Code and Sections 25(1-B)a, 26 & 35 of the Arms Act.

3. As per prosecution case is short is that police got secret information that some miscreants have assembled for committing robbery at Raja Chowk canal road. On this information, police raided the said place. Seeing the police party, the accused persons tried to flee away but all of them including this petitioner were apprehended by police and recovery was made. It is further alleged that on search, one live

Patna High Court CR. MISC. No.12697 of 2024(2) dt.01-03-2024 2/3

cartridge was recovered from the possession of the petitioner.

4. It has been submitted on behalf of the petitioner that the petitioner is in custody since 23-09-2023. Petitioner is stated to be man of clean antecedent.

5. It has been further submitted by the petitioner’s counsel that petitioner has been falsely implicated in the present case. Nothing has been recovered from the conscious possession of the petitioner. There is no compliance of Section 100 of the Cr.P.C. Other co-accused have been allowed bail by a Coordinate Bench of this Court vide order dated 23-02-2024 & order dated 28-02-2024 passed in Cr. Misc. No. 11411 of 2024 & Cr. Misc. No. 12326 of 2024.

6. Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner.

7. Considering the aforesaid facts and circumstances of the case, period of custody of the petitioner, clean antecedent of the petitioner and claim based on parity, this Court is inclined to grant bail to the petitioner.

8. Let the petitioner be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Goraul

Patna High Court CR. MISC. No.12697 of 2024(2) dt.01-03-2024 3/3

(Katahara O.P.) P.S. Case No. 402 of 2023.

(Rudra Prakash Mishra, J)

Raj Kishore/- U T

Issues for consideration

1 issue framed by the court

AI extract

1.
Whether the petitioner, in custody since 23-09-2023 in connection with Goraul (Katahara O.P.) P.S. Case No. 402 of 2023 for offences under Sections 399 & 402 IPC and Sections 25(1-B)a, 26 & 35 of the Arms Act, should be enlarged on bail.¶13
The court held
Bail granted to the petitioner having regard to the facts and circumstances of the case, the period of custody, the petitioner's clean antecedent, and the claim based on parity with co-accused already granted bail.ratio¶20

Cases cited

Colour shows how this judgement treated each authority

AI extract

Cr. Misc. No. 11411 of 2024Relied on¶18
Cr. Misc. No. 12326 of 2024Relied on¶18

Statutes considered

6 provisions across 3 enactments

AI extract

Indian Penal Code399¶13 402¶13
Arms Act25(1-B)a¶13

Procedural history

How this case reached the court

AI extract

Prior proceeding
FIR registered as Goraul (Katahara O.P.) P.S. Case No. 402 of 2023, District Vaishali, for offences under Sections 399 & 402 of the Indian Penal Code and Sections 25(1-B)a, 26 & 35 of the Arms Act; the present matter is a bail application by the petitioner who is in custody.¶13
Prior proceeding
Prosecution case: police received secret information that miscreants had assembled to commit robbery at Raja Chowk canal road; on raid, the accused persons including the petitioner were apprehended.¶14
Prior proceeding
Alleged recovery of one live cartridge from the possession of the petitioner on search.¶16
Prior proceeding
Petitioner in custody since 23-09-2023; stated to be a man of clean antecedent.¶17
Prior proceeding
Co-accused granted bail by a Coordinate Bench of the Patna High Court vide orders dated 23-02-2024 and 28-02-2024 in Cr. Misc. No. 11411 of 2024 and Cr. Misc. No. 12326 of 2024; petitioner claimed parity. Non-compliance of Section 100 Cr.P.C. also urged.¶18

Parties & counsel

AI extract

petitioner
Anshu Kumar S/O Raju Mahto R/O Village- Harpur Arara, Ps.- Goraul, In The Dist. Of Vaishali.¶4
Mr. Ranjeet Kumar
respondent
The State of Bihar¶7
Ms. Rina Sinha

Coram

AI extract

Rudra Prakash Mishraauthor¶9

Case details

As recorded by the court registry

Court: Patna HC
Decided on: 1 Mar 2024 · March
Registered: 15 Feb 2024
Case no.: CR. MISC./12697/2024
CNR: BRHC010099872024
Bench: R. P. Mishra
Disposal: BAIL GRANTED
Case type: CRIMINAL MISCELLANEOUS

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Cite this judgement

Anshu Kumar v. The State of Bihar, CR. MISC./12697/2024 (PAT), decided on 1 March 2024.

The Patna High Court publishes no neutral citation for this judgement — cite it by case number and date of decision.

Cases cited2

Cr. Misc. No. 11411 of 2024Relied on¶18
Cr. Misc. No. 12326 of 2024Relied on¶18

Open Authorities

Statutes6

Indian Penal Code399 · 402
Arms Act25(1-B)a · 26 · 35
Cr.P.C.100

View all statutes

Procedural history5

FIR registered as Goraul (Katahara O.P.) P.S. Case No. 402 of 2023, District Vaishali, for offences under Sections 399 & 402 of the Indian Penal Code and Sections 25(1-B)a, 26 & 35 of the Arms Act; the present matter is a bail application by the petitioner who is in custody.
Prosecution case: police received secret information that miscreants had assembled to commit robbery at Raja Chowk canal road; on raid, the accused persons including the petitioner were apprehended.

View full history

Bench / Coram

Rudra Prakash Mishra

Parties & counsel

26¶13

Cr.P.C.100¶18