Anil Harijan Vs The State of Bihar — Patna HC (2024) — LawSathi Research

Anil Harijan Vs The State of Bihar — Patna HC (2024) — LawSathi Research

What the court decided

AI extract

Outcome

Release of the petitioner on bail after framing of charge (if not already framed), 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 Rupauli (Mohanpur) P.S. Case No. 292 of 2022.

Issue for consideration

Whether petitioner Anil Harijan is entitled to be released on bail in connection with Rupauli (Mohanpur) P.S. Case No. 292 of 2022 (offences under Sections 147, 148, 149, 341, 323, 307, 385, 504, 506 & 327 IPC and Section 27 of the Arms Act), considering his period of custody, criminal antecedents, parity with an already-enlarged co-accused, and submission of the charge sheet.

Court's answer

The Court is inclined to grant bail considering the facts and circumstances of the case, the period of custody of the petitioner, the claim based on parity with a similarly situated co-accused who has been granted bail, and the charge sheet having been submitted.

Ratio / Principle

Bail is granted: the petitioner is to be released on bail after framing of charge (if not already framed), on furnishing a bail bond 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 Rupauli (Mohanpur) P.S. Case No. 292 of 2022.

Detailed headnote1 paragraphs

Bail granted — Criminal Miscellaneous No.13463 of 2024, High Court of Judicature at Patna, decided 05-03-2024 (Rudra Prakash Mishra, J). Petitioner, arraigned in Rupauli (Mohanpur) P.S. Case No. 292 of 2022 for offences under Sections 147, 148, 149, 341, 323, 307, 385, 504, 506 & 327 of the Indian Penal Code and Section 27 of the Arms Act, sought bail. Prosecution case: co-accused including the petitioner allegedly entered the informant's farm demanding Rs. 10 Lakhs ransom, with firing attributed specifically to co-accused Chandan Yadav and Sushil Yadav; nothing recovered from the petitioner. Petitioner in custody since 17-06-2023 with four disclosed criminal antecedents; charge sheet already filed; a similarly situated co-accused had been enlarged by a Co-ordinate Bench of the same Court vide order dated 18-01-2024 in Cr. Misc. 1945 of 2024. Granting bail on grounds of custody period, parity and submission of charge sheet, the Court directed release after framing of charge (if not already framed) on bail bonds of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each.

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.13463 of 2024

Arising Out of PS. Case No.-292 Year-2022 Thana- RUPAULI District- Purnia

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

Anil Harijan S/o Lili Harijan @ Sri Lilo Harijan R/o vill -Jangal Tola, P.S. - Rupauli, Distt. - Purnea

... ... Petitioner/s

Versus

The State of Bihar

... ... Opposite Party/s

====================================================== Appearance : For the Petitioner : Mr. Bijendra Kumar Singh, Advocate For the State : Mr. Raj Kishor Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA

ORAL ORDER

2 05-03-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in connection with Rupauli (Mohanpur) P.S. Case No. 292 of 2022 instituted for the offence under Sections 147, 148, 149, 341, 323, 307, 385, 504, 506 & 327 of the Indian Penal Code and Section 27 of the Arms Act.

3. Prosecution case in a nutshell is that co-accused persons including the petitioner entered into the farm of the informant and demanded ransom to the tune of Rs. 10 Lakhs. It is also alleged that co-accused, namely, Chandan Yadav and Sushil Yadav fired upon the prosecution side.

4. It has been submitted on behalf of the petitioner

Patna High Court CR. MISC. No.13463 of 2024(2) dt.05-03-2024 2/3

that the petitioner is in custody since 17-06-2023. Petitioner bears four criminal antecedents, as per disclosure made in paragraph No. 3 of the bail application.

5. It has been further submitted by the petitioner’s counsel that petitioner has been falsely implicated in the present case. There is no specific allegation against the petitioner and specific allegation of firing is against co-accused, namely, Chandan Yadav and Sushil Yadav. Nothing has been recovered from the possession of the petitioner. Similarly situated coaccused has been allowed bail by a Co-ordinate Bench of this Court vide order dated 18-01-2024, passed in Cr. Misc. 1945 of 2024. Charge sheet has already been submitted in this case.

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, claim based on parity and charge sheet being submitted, this Court is inclined to grant bail to the petitioner.

8. Let the petitioner be released on bail, after framing of charge, if not already framed , on furnishing bail bonds of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of Court

Patna High Court CR. MISC. No.13463 of 2024(2) dt.05-03-2024 3/3

below/concerned Court in connection with Rupauli (Mohanpur) P.S. Case No. 292 of 2022.

(Rudra Prakash Mishra, J)

Raj Kishore/- U T