Lallu Kumar @ Amar Kumar @ Amaar Kumar Vs The State of Bihar — Anticipatory Bail | Patna HC (2024)

Lallu Kumar @ Amar Kumar @ Amaar Kumar Vs The State of Bihar — Anticipatory Bail | Patna HC (2024)

What the court decided

AI extract

Outcome

Anticipatory bail granted to the petitioner in connection with Arah (Muffasil) P.S. Case No. 485/2023, to be released on bail in the event of arrest or surrender within four weeks of receipt of the order, on furnishing bail bond of Rs. 10,000/- with two sureties of the like amount each, to the satisfaction of learned A.C.J.M.-VII, Arah, Bhojpur, subject to Section 438(2) Cr.P.C. conditions and additional conditions imposed by the Court.

Issue for consideration

Whether the petitioner, who is apprehending arrest in connection with Arah (Muffasil) P.S. Case No. 485/2023, should be granted anticipatory bail.

Court's answer

Taking into account the submissions put forward by the parties, the case and counter case, the petitioner's case being earlier than the counter FIR and the petitioner having no criminal antecedent, the Court found him deserving of the privilege of anticipatory bail.

Ratio / Principle

Anticipatory bail granted: the petitioner to be released on bail in the event of arrest or surrender before the subordinate court within four weeks of receipt of the order, on furnishing a bail bond of Rs. 10,000/- with two sureties of the like amount each, in connection with Arah (Muffasil) P.S. Case No. 485/2023, to the satisfaction of learned A.C.J.M.-VII, Arah, Bhojpur, subject to the conditions under Section 438(2) Cr.P.C.

Key takeaways

The grant of bail was made subject to additional Court-imposed conditions: one bailor to be a family member providing official bona fide documents; appearance before the Trial Court on every date (failure on two consecutive dates without plausible reason entailing cancellation of bail bond by the Trial Court itself); co-operation with the investigation; reporting at the concerned police station every fortnight for six months; abstention from inducing, promising or threatening witnesses or tampering with evidence; and desisting from fresh offences, failing which the State may seek cancellation of the bail bonds.ratio¶25

Detailed headnote1 paragraphs

ANTICIPATORY BAIL GRANTED (Patna High Court, CR. MISC. No.13757 of 2024, order dated 12-03-2024, Rajiv Roy, J.) — Petitioner Lallu Kumar @ Amar Kumar @ Amaar Kumar, apprehending arrest in Arah (Muffasil) P.S. Case No. 485/2023, District Bhojpur, instituted 15.11.2023 by informant Monu Kumar under Sections 380, 457/34 IPC (alleged night entry with two unknown persons, attempt to outrage modesty of informant's sister-in-law, production of country-made pistol and taking away chain and cash), sought anticipatory bail. Counsel argued the FIR was a counter-blast to the earlier Arah (Muffasil) P.S. Case No. 484 of 2023 (assault alleged under sections 341, 323, 325, 307, 379, 504, 506, 34 IPC by the petitioner's brother, with injuries on the petitioner's side). Noting the petitioner's case being the earlier one and absence of criminal antecedent, the Court extended anticipatory bail: release on arrest or surrender within four weeks, bail bond of Rs. 10,000/- with two sureties of like amount, to the satisfaction of A.C.J.M.-VII, Arah, Bhojpur, subject to Section 438(2) Cr.P.C. conditions and further conditions (family-member bailor with bona fide documents, appearance on every trial date, fortnightly police-station reporting for six months, co-operation with investigation, no witness tampering, desistance from offences), failing which cancellation steps may follow. APP had opposed the prayer.

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.13757 of 2024

Arising Out of PS. Case No.-485 Year-2023 Thana- ARA MUFFSIL District- Bhojpur

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

Lallu Kumar @ Amar Kumar @ Amaar Kumar S/o Sriram Ray R/o vill - Jamira, P.S. - Arah Muffasil, Distt. - Bhojpur

... ... Petitioner/s

Versus

The State of Bihar

... ... Opposite Party/s

====================================================== Appearance : For the Petitioner/s : Mr.Mithilesh Kumar, Advocate For the Opposite Party/s : Mr.Yogendra Kumar, APP ======================================================

CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER

2 12-03-2024 Heard the parties.

The petitioner is apprehending arrest in connection with Arah (Muffasil) P.S. Case No. 485/2023 instituted under Sections 380, 457/34 of the Indian Penal Code lodged on 15.11.2023 by the informant, Monu Kumar.

As per the prosecution story, the informant alleged that on the fateful day when he was sleeping along with the family, this petitioner along with two unknown persons entered and tried to outrage the modesty of the his sister-in-law. When alarm was raised, this petitioner took out a country made pistol, threatened and also took away the chain and cash. Accordingly, the FIR.

Learned counsel for the petitioner submits it is counter-blast to Arah (Muffasil) P.S. Case No. 484 of 2023

Patna High Court CR. MISC. No.13757 of 2024(2) dt.12-03-2024 2/3

registered earlier to the present case in which the allegation of assault under sections 341, 323, 325, 307, 379, 504, 506, 34 of the Indian Penal Code was lodged by the petitioner's brother. He submits that there were injuries on the petitioner's side and to save his skin, the present case.

Learned APP opposes the prayer for anticipatory

bail.

Taking into account the submissions put forward by the parties, case and counter case, the case of the petitioner being earlier, he do not have criminal antecedent, this Court is inclined to extend him privilege of anticipatory bail.

Let the petitioner be released on bail, in the event of his arrest or surrender before the subordinate court within a period of four weeks from the receipt of this order, on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each in connection with Arah (Muffasil) P.S. Case No. 485/2023 to the satisfaction of learned A.C.J.M.-VII, Arah, Bhojpur subject to the conditions as laid down under Section 438(2) of the Cr.P.C. as also the other conditions.

(i) one of the bailor should be the family member of the petitioner who shall provide official document to show his/her bona fide;

Patna High Court CR. MISC. No.13757 of 2024(2) dt.12-03-2024 3/3

(ii) the petitioner shall appear on each and every date before the Trial Court and failure to do so for two consecutive dates without plausible reason will entail cancellation of his bail bond by the Trial Court itself;

(iii) the petitioner shall co-operate in the investigation and make himself available to the police as and when required;

(iv) the petitioner shall appear before the concerned police station every fortnight for next six months to mark his attendance;

(v) the petitioner shall in no way try to induce or promise or threat the witnesses or tamper with the evidences, failing which the State shall be at liberty to take steps for cancellation of the bail bonds;

(vi) the petitioner shall desist from committing any criminal offence again, failing which the State shall be at liberty to take steps for cancellation of his bail bonds.

(Rajiv Roy, J)

Ravi/-

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